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CHAPTER 4.5. DIVISION OF WORKERS' COMPENSATION
SUBCHAPTER 1.9. RULES OF THE COURT ADMINISTRATOR
ARTICLE 7. ACCESS TO RECORDS AND RETENTION OF RECORDS

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§ 10275. Recording of Trial Level Proceedings.

(a) For the purposes of this section, "recording" means any photographing, recording, or broadcasting of trial level proceedings using video, film, audio, any digital media or other equipment.

(b) Except as provided in this rule, trial level proceedings shall not be photographed, recorded, or broadcast. This rule does not prohibit the Division of Workers' Compensation from photographing or videotaping sessions for judicial education or publications and is not intended to apply to closed- circuit television broadcasts solely within the Division of Workers' Compensation or between Division of Workers' Compensation facilities if the broadcasts are controlled by the Division of Workers' Compensation and Division of Workers' Compensation personnel.

(c) Recording shall be permitted only on written order of the workers' compensation administrative law judge assigned to the case as provided in this subdivision. The workers' compensation administrative law judge in his or her discretion may permit, refuse, limit, or terminate recording.

  (1) Any person who wishes to record a trial level proceeding shall make a written request to the presiding workers' compensation administrative law judge for permission to record the proceeding at least five business days before the proceeding commences unless good cause to shorten time is shown. The workers' compensation administrative law judge assigned to the proceeding shall rule upon the request. The district office shall promptly notify the parties that a request has been filed.  


  (2) The workers' compensation administrative law judge may hold a hearing on the request or rule on the request without a hearing.  


  (3) In ruling on the request, the workers' compensation administrative law judge shall consider the following factors:  


  (A) Importance of maintaining public trust and confidence in the workers' compensation system;  


  (B) Importance of promoting public access to the workers' compensation system;  


  (C) Parties' support of or opposition to the request;  


  (D) Nature of the case;  


  (E) Privacy rights of all participants in the proceeding, including witnesses;  


  (F) Effect on any minor who is a party, prospective witness, or other participant in the proceeding;  


  (G) Effect on any ongoing law enforcement activity in the case;  


  (H) Effect on any subsequent proceedings in the case;  


  (I) Effect of coverage on the willingness of witnesses to cooperate, including the risk that coverage will engender threats to the health or safety of any witness;  


  (J) Effect on excluded witnesses who would have access to the televised testimony of prior witnesses;  


  (K) Security and dignity of the trial level proceeding;  


  (L) Undue administrative or financial burden to the Division of Workers' Compensation or participants;  


  (M) Interference with neighboring hearing rooms;  


  (N) Maintaining orderly conduct of the proceeding;  


  (O) Any other factor the workers' compensation administrative law judge deems relevant.  


  (4) The workers' compensation administrative law judge's ruling on the request to permit recording is not required to make findings or a statement of decision. The workers' compensation administrative law judge may condition the order permitting recording of the proceedings on the requestor's agreement to pay any increased costs incurred by the Division of Workers' Compensation resulting from recording the proceeding (for example, for additional security). The requestor shall be responsible for ensuring that any person who records the trial level proceedings on their behalf know and follow the provisions of the order and this rule.  


  (5) The order permitting recordation may be modified or terminated on the workers' compensation administrative law judge's own motion or upon application to the workers' compensation administrative law judge without the necessity of a prior hearing or written findings. Notice of the application and any modification or termination ordered pursuant to the application shall be given to the parties and each person permitted by the previous order to record the proceeding.  


  (6) The workers' compensation administrative law judge shall not permit recording of the following:  


  (A) Proceedings held in chambers which are not transcribed by a hearing reporter;  


  (B) Proceedings closed to the public; and  


  (C) Conferences between an attorney and a client, witness, or aide, between attorneys, or between counsel and the workers' compensation administrative law judge at the bench, unless transcribed by a hearing reporter.  


  (7) The workers' compensation administrative law judge may require a demonstration that people and equipment comply with this rule. The workers' compensation administrative law judge may specify the placement of equipment to minimize disruption of the proceedings.  


  (8) The following rules shall apply to all recording:  


  (A) One video recording device and one still photographer shall be permitted.  


  (B) The equipment used shall not produce distracting sound or light. Signal lights or devices to show when equipment is operating shall not be visible.  


  (C) Microphones and wiring shall be unobtrusively located in places approved by the workers' compensation administrative law judge and shall be operated by one person.  


  (D) Operators shall not move equipment or enter or leave the courtroom while the proceeding is in session, or otherwise cause a distraction.  


  (E) Equipment or clothing shall not bear the insignia or marking of a media agency.  


  (9) If two or more people request recordation of a proceeding, they shall file a statement of agreed arrangements. If they are unable to agree, the workers' compensation administrative law judge may deny a request to record the proceeding.  


(d) Any violation of this rule or an order made under this rule is an unlawful interference with the proceedings may be the basis for an order terminating recording, a citation for contempt, or an order imposing monetary or other sanctions as provided by law.

(e) Notwithstanding (a) through (d), a workers' compensation administrative law judge may permit inconspicuous personal recording devices to be used by parties in a courtroom to make sound recordings as personal notes of the proceedings. A person proposing to use a recording device shall obtain advance permission from the workers' compensation administrative law judge before recording the proceeding. The recording shall not be used for any purpose other than as personal notes, and shall not constitute evidence as to any matter recorded. The right on any individual to use a personal recording device shall be suspended if, in the workers' compensation administrative law judge's sole discretion, it appears that (1) the continued recording of the proceedings will inhibit any party or witness from participation in the proceeding; or (2) the recording is done in a manner that threatens to disrupt the proceeding.


     Note: Authority cited: Sections 127, 5307(c) and 5500.3, Labor Code. Reference: Section 5307(c), Labor Code.  

 HISTORY 
   
1. New section filed 11-17-2008; operative 11-17-2008 pursuant to  GovernmentCode section 11343.4 (Register 2008, No. 47).

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