(a) As provided in section 44(d)(1) of the Act, 33 U.S.C. 944(d)(1),
for the purpose of making rules, regulations, and determinations under
the special fund provisions in section 44 and for providing enforcement
thereof, the Director may investigate and gather appropriate data from
each carrier and self-insured employer, and may enter and inspect such
places and records (and make such transcriptions of records), question
such employees, and investigate such facts, conditions, practices, or
other matters as he may deem necessary or appropriate. The Director may
require the employer to have audits performed of claims activity
relating to this Act. The Director may also require detailed reports of
payments made under the Act, and of estimated future liabilities under
the Act, from any or all carriers of self-insurers. The Director may
require that such reports be certified and verified in whatever manner
is considered appropriate.
(b) Pursuant to section 44(d)(3) of the Act, 33 U.S.C. 944(d)(3),
for the purpose of any hearing or investigation related to
determinations or the enforcement of the provisions of section 44 with
respect to the special fund, the provisions of 15 U.S.C. 49 and 50 as
amended (the Federal Trade Commission Act provisions relating to
attendance of witnesses and the production of books, papers, and
documents) are made applicable to the jurisdiction, powers, and duties
of the Director, OWCP, as the Secretary's delegatee.
(c) Civil penalties and unpaid assessments shall be collected by
civil suits brought by and in the name of the Secretary.
(Approved by the Office of Management and Budget under control number
1215-0160)
[38 FR 26861, Sept. 26, 1973, as amended at 50 FR 395, Jan. 3, 1985]
