§ 726.110 Filing of agreement and undertaking.

(a) In addition to the requirement that adequate security be procured as set forth in this subpart, the applicant for the authorization to self-insure must, as a condition precedent to receiving such authorization, execute and file with OWCP an agreement and undertaking in a form prescribed and provided by OWCP in which the applicant must agree: (1) To pay when due, as required by the Act, all benefits payable on account of total disability or death of any of its employee-miners; (2) To furnish medical, surgical, hospital, and other attendance, treatment, and care as required by the Act; (3) To provide security in a form approved by OWCP (see § 726.104) and in an amount established by OWCP (see § 726.105); and (4) To authorize OWCP to sell any negotiable securities so deposited or any part thereof, and to pay from the proceeds thereof such benefits, medical, and other expenses and any accrued penalties imposed by law as OWCP may find to be due and payable. (b) When an applicant has provided the requisite security, it must submit to OWCP a completed agreement and undertaking, together with satisfactory proof that its obligations and liabilities under the Act have been secured. (c) Any operator authorized to self-insure must notify OWCP of any changes to its business structure, including the purchase, sale, or lease of any coal mining operations, that could affect the operator's liability for benefits under the Act. The operator must provide such notification to OWCP within 30 days of such change. In all events, however, an operator's liability following a change or sale is governed by 20 CFR 725.490 through 725.497. (d) OWCP may, at its discretion, require an operator to provide any information that may affect the operator's liability for benefits under the Act.