(a) If a subsequent hiring agreement is made that expressly states that the joint statement made under § 112.202 of this title (relating to Joint Agreement to Affirm Independent Relationship of Certain Building and Construction Workers) does not apply to that hiring agreement, the hiring contractor shall maintain the original and file a legible copy of the agreement with the Commission and the hiring contractor’s insurance carrier. Nothing in this section otherwise nullifies the joint statement as it applies to other hiring agreements made during the term of the joint statement.
(b) The notification shall be filed in the form and manner prescribed by the Commission and shall:
(1) specify the date the agreement to affirm an independent relationship was made;
(2) specify the parties to the agreement and the location of the job site(s);
(3) specify the date this agreement was made;
(4) contain the signatures of both parties.
(c) If a person who is covered by an independent contractor agreement signed under this section is found to be an employee of the hiring contractor, the person:
(1) is covered under the hiring contractor’s workers’ compensation policy;
(2) shall receive a refund from the hiring contractor for all amounts improperly deducted as premium.
(d) The notice shall be provided in the form and manner prescribed by the Commission, no later than 10 days from the date the subsequent hiring agreement was executed. An agreement is not considered filed if it is illegible or incomplete.
The provisions of this § 112.203 adopted to be effective February 26, 1991, 16 TexReg 896; amended to be effective March 13, 2000, 25 TexReg 2082.