Ever seen an administrative violation from the Division of Workersí Compensation and wondered how in the world it came up with the amount of the penalty? So have we. But that may be about to change. The Division is in the early stages of drafting amendments to rules that will require a change to its procedure for assessing such penalties. The amendments to Rule 180.8 and 180.26 will, among other things, require the Division to explain the factors it considered in determining the amount of the penalty.
The amendments are in response to changes to Labor Code ß415.021 that became effective September 1, 2017. Those legislative changes apparently were prompted by concerns from system participants that the Divisionís determination of penalty amounts was arbitrary.
The Division has posted informal working drafts of the amendments on its website. It is seeking comment on the drafts through March 7, 2018. You may send an email to InformalRuleComments@tdi.texas.gov to comment on the drafts.