(a) Except when a hearing is set on the Workers' Compensation Appeals Board's own motion, no matter shall be placed on calendar unless one of the parties has filed and served a declaration of readiness to proceed in the form prescribed by the Appeals Board. The declaration of readiness shall be served on all parties and lien claimants.
(b) Where the declaration of readiness is for a lien conference or lien trial, it shall be served on all parties and lien claimants listed on the official participant record in EAMS at the time of service and, if represented, on their attorney or nonattorney representative(s) of record.
(c)(1) Except for a lien claimant listed in section 10205.10(c)(5), a declaration of readiness shall not be filed by any person or entity unless it is a “party” as defined by section 10301(dd).
(2) Where a lien claimant is required to pay a filing or activation fee, it shall not file a declaration of readiness unless it has: (A) paid the requisite fee; and (B) entered a valid confirmation number for that fee in the confirmation number field of the declaration of readiness form. If the lien claimant asserts it is exempted from payment of a fee, it shall indicate the basis for the claimed exemption in the designated field of the lien form.
(d) All declarations of readiness to proceed shall state under penalty of perjury that the moving party has made a genuine, good faith effort to resolve the dispute before filing the declarations of readiness to proceed, and shall state with specificity the same on the declarations of readiness to proceed. Unless a status or priority conference is requested, the declarant shall also state under penalty of perjury that the moving party has completed discovery and is ready to proceed on the issues specified in the declaration of readiness.
(e)(1) A false declaration or certification by any party, lien claimant, attorney or representative, including a false declaration or certification pertaining to payment of a lien filing or activation fee, may give rise to proceedings under Labor Code section 134 for contempt or Labor Code section 5813 for sanctions.
(2) Except for lien claimants listed in section 10205.10(c)(5), if a declaration of readiness is filed without complying with the provisions of this section, the Workers' Compensation Appeals Board may order the hearing off calendar and may impose sanctions and award attorney's fees and costs in accordance with Labor Code section 5813 and Rule 10561.
(f) If a party or lien claimant is represented by an attorney or representative any declaration of readiness filed on behalf of the party shall be executed by the attorney or representative.
Note: Authority cited: Sections 133, 5307, 5502(a) and 5708, Labor Code. Reference: Sections 4903.05, 4903.06, 5500.3, 5502 and 5813, Labor Code.
1. New subchapter 1.9 (section 10250) and section filed 12-31-2003 as an emergency; operative 1-1-2004 (Register 2004, No. 1). A Certificate of Compliance must be transmitted to OAL by 4-30-2004 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 1-1-2004 order transmitted to OAL 4-30-2004; disapproved by OAL and order of repeal filed 6-15-2004 (Register 2004, No. 27).
3. New subchapter 1.9 (section 10250) and section filed 6-30-2004; operative 6-30-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 27).
4. Relocation of subchapter 1.9 heading from preceding section 10250 to preceding 10210, new article 5 (sections 10250-10256) and repealer and new section filed 11-17-2008; operative 11-17-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 47).
5. Amendment of section and Note filed 9-23-2013; operative 10-23-2013. Submitted as a file and print by the Workers' Compensation Appeals Board pursuant to Government Code section 11351 (Register 2013, No. 39).