Where this sits
- Chapter 4.5.
- Division of Workers' Compensation
- Subchapter 2. Workers' Compensation Appeals Board--Rules and Practice Procedure
- Article 4. Conduct of Parties, Attorneys and Non-Attorney Representatives
The regulation, as printed
(a) Any person may submit to the Secretary of the Appeals Board a written complaint that a non-attorney representative has violated the provisions of Labor Code section 4907. The complaint shall not be filed at any district office or in EAMS. (b) The complaint shall be made under penalty of perjury and shall state in detail the acts and omissions of the non-attorney representative alleged to be in violation of the provisions of Labor Code section 4907, and shall identify relevant case numbers and documents. (c) Upon receipt of a complaint, the Secretary shall review it for form and content. (d) The non-attorney representative shall be served with notice of the complaint as part of any investigation by the Secretary and shall be provided with an opportunity to respond. (e) Upon the conclusion of any investigation, the Secretary shall serve the complainant and the non-attorney representative with a written Notice of Determination. (f) Nothing in this rule shall preclude the Appeals Board from initiating proceedings under Labor Code section 4907 in the absence of a complaint. (g) Information gathered as part of any investigation under this rule and records of deliberation generated as part of any investigation under this rule shall be confidential and not subject to public disclosure under any law of this state pending the issuance of a Notice of Determination.
Authority and history
Note: Authority cited: Sections 4907 and 5307, Labor Code. Reference: Section 4907, Labor Code.
1. New section filed 11-17-2008; operative 11-17-2008. Submitted to OAL for printing only (Register 2008, No. 47). For prior history, see Register 92, No. 24. 2. Repealer and new section filed 12-17-2019; operative 1-1-2020. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 2019, No. 51).
No released decision named this rule
Not a comment on the rule — most of Title 8 never reaches a published panel decision, because most of it is followed without argument. The text above is the state's own.
Rules beside this one
Article 4. Conduct of Parties, Attorneys and Non-Attorney Representatives — regulations rarely stand alone, and the answer is often two sections away.
- § 10400Attorney Representatives.2 decisions
- § 10401Non-Attorney Representatives.
- § 10402Substitution or Dismissal of Attorneys and Non-Attorney Representatives.1 decisions
- § 10404Suspension and Removal of a Non-Attorney Representative's Privilege to Appear Before the Workers' Compensation Appeals Board Under Labor Code Section 4907.
- § 10405Request for Findings of Fact. [Renumbered]
- § 10406Pre-Application and Miscellaneous Proceedings. [Repealed]