NDAC 33.1-24-08-104
Bankruptcy or other incapacity of owner or operator or provider of financial
Cite as N.D. Admin. Code ยง 33.1-24-08-104
assurance.
1.
Within ten days after commencement of a voluntary or involuntary proceeding under Title 11
(Bankruptcy) United States Code, naming an owner or operator as debtor, the owner or
operator must notify the department by certified mail of such commencement and submit the
appropriate forms listed in subsection 2 of section 33.1-24-08-101 documenting current
financial responsibility.
2.
Within ten days after commencement of a voluntary or involuntary proceeding under Title 11
(Bankruptcy) United States Code, naming a guarantor providing financial assurance as debtor,
such guarantor must notify the owner or operator by certified mail of such commencement as
required under the terms of the guarantee specified in section 33.1-24-08-86.
3.
Within ten days after commencement of a voluntary or involuntary proceeding under Title 11
(Bankruptcy) United States Code, naming a local government owner or operator as debtor, the
local government owner or operator must notify the department by certified mail of such
commencement and submit the appropriate forms listed in subsection 2 of section
33.1-24-08-101 documenting current financial responsibility.
4.
Within ten days after commencement of a voluntary or involuntary proceeding under Title 11
(Bankruptcy) United States Code, naming a guarantor providing a local government financial
assurance as debtor, such guarantor must notify the local government owner or operator by
certified mail of such commencement as required under the terms of the guarantee specified
in section 33.1-24-08-96.
5.
An owner or operator who obtains financial assurance by a mechanism other than the
financial test of self-insurance will be deemed to be without the required financial assurance in
the event of a bankruptcy or incapacity of its provider of financial assurance, or a suspension
or revocation of the authority of the provider of financial assurance to issue a guarantee,
insurance policy, risk retention group coverage policy, surety bond, letter of credit, or
state-required mechanism. The owner or operator must obtain alternate financial assurance
as specified in sections 33.1-24-08-80 through 33.1-24-08-106 within thirty days after
receiving notice of such an event. If the owner or operator does not obtain alternate coverage
within thirty days after such notification, the owner or operator must notify the department.
6.
Within thirty days after receipt of notification that a state fund or other state assurance has
become incapable of paying for assured corrective action or third-party compensation costs,
the owner or operator must obtain alternate financial assurance.