(a) Authority.--The Secretary may compromise an employer's liability under this Article
when the Secretary determines that the compromise is in the best interest of the State
and makes one or more of the following findings:
(1) There is a reasonable doubt as to the amount of the liability of the employer
under the law and the facts.
(2) The employer is insolvent and the Secretary probably could not otherwise collect
an amount equal to, or in excess of, the amount offered in compromise. An employer is considered insolvent only in one of the following circumstances:
a. It is plain and indisputable that the employer is clearly insolvent and will remain
so in the reasonable future.
b. The employer has been determined to be insolvent in a judicial proceeding.
(3) Collection of a greater amount than that offered in compromise is improbable,
and the funds or a substantial portion of the funds offered in the settlement come
from sources from which the Secretary could not otherwise collect.
(b) Written Statement.--When the Secretary compromises an employer's liability under
this section and the amount of the liability is at least one thousand dollars ($1,000),
the Secretary must make a written statement that sets out the amount of the liability,
the amount accepted under the compromise, a summary of the facts concerning the liability,
and the findings on which the compromise is based. The Secretary must sign the statement and keep a record of the statement.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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