Newsline No. 25-09 printer image Printer friendly

April 27, 2009

 

Division of Workers' Compensation audit regulations approved and become effective May 20, 2009

The Division of Workers' Compensation (DWC) has received approval from the Office of Administrative Law (OAL) for its revised regulations updating audit procedures and the administrative penalty schedule.

The final regulations were filed with the secretary of state on April 20, 2009 and become effective May 20, 2009. (Note: the revisions to California Code of Regulations, title 8, section 10101.1, regarding claim file contents become effective June 19, 2009.) 

The approved regulations, as filed with the secretary of state, can be found on the DWC Web site at http://www.dir.ca.gov/DWC/DWCPropRegs/Audit_Regulations/Audit_regulations.htm.  The final statement of reasons for the rulemaking, a summary of public comments made during the rulemaking, and the division’s responses to those comments are also available on the Web site.

The regulations, found in the California Code of Regulations, title 8, sections 10100.2 through 10115.2, seek to produce more efficient audits of workers’ compensation claims administrators and also establish new procedures and penalty provisions for recent statutory and regulatory obligations.  The regulations are mandated by Labor Code sections 129 and 129.5.  The existing audit regulations had not been revised since 2003, following statutory reforms that established the current audit format.

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