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Chapter 8. Office of the Director
Subchapter 2. Administration of Self-Insurance Plans
Article 11. Hearing and Appeal Procedures

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§15436. Reconsideration.

(a) The Director has the discretion to reconsider and take whatever action is appropriate and necessary to support and facilitate a decision or determination. The Director, in his/her discretion, may grant a stay of enforcement in any proceeding where reconsideration or appeal is initiated.

(b) The employer, surety, custodian of a security deposit, the SISF, or an aggrieved party, upon receipt of the decision, shall have ten (10) calendar days to request reconsideration of the decision by the Director. The request must be in writing and shall be limited to the grounds specified in Labor Code section 5903.

(c) Upon receipt of a request for reconsideration, the Director may:

(1) Decline reconsideration;

(2) Grant reconsideration and issue an amended decision or determination after reconsideration based only upon the record and additional argument and evidence offered in the request for reconsideration and any response thereto; or,

(3) If the Director deems that, based upon the request for reconsideration and any response, further hearing is merited, grant reconsideration and hold further hearing pursuant to these regulations, and issue a decision or determination after reconsideration.

(d) A decision or determination of the Director, where reconsideration by the Director has been requested but not granted, becomes final upon service of the notice that reconsideration is declined. A decision or determination of the Director where reconsideration by the Director has been granted, becomes final upon service of the decision or determination after reconsideration.

(e) All requests for reconsideration by the Director shall be served on all other parties of record by the requesting party at the time of service on the Director. The Director shall not accept requests for reconsideration without a declaration of service attached indicating that all other parties to the matter, as reflected on the official address record, have been served with the request for reconsideration.

(f) If a party to a proceeding is adversely affected for the first time by the decision or determination after reconsideration, that party may then request further reconsideration of the original decision or determination after reconsideration.

NOTE: Authority cited: Sections 54, 55 and 3702.10, Labor Code. Reference: Sections 59, 3700, 3701, 3701.5, 3702, 3702.1, 3702.5, 3702.6, 3702.7, 3702.9, 3702.10, 3705, 3740-3747, Labor Code; Sections 11181-11188, 15378, Government Code; Sections 1985-2031, 2033-2036, Code of Civil Procedure.

HISTORY

1. Amendment filed 12-17-90; operative 1-16-91 (Register 91, No. 6).

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