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California Code of Regulations
Title 8. Industrial Relations
Division 1. Department of Industrial Relations
Chapter 4.5. Division of Workers' Compensation
Subchapter 1. Administrative Director--Administrative Rules
Article 1.3. Public Disability Accommodations
§ 9708.2. Disability Accommodations Request Process.
(a) The Division will provide reasonable accommodations to individuals with
disabilities to promote equal access to and equal participation in the
Division's programs, activities and services.
(b) A request for a disability accommodation to participate in the
Division's programs, activities, or services may be made in writing on an
optional disability accommodation request form, or orally to a Disability
Coordinator. If the request concerns activities, programs or services provided
at a Division district office, then the request should be directed to the
Disability Coordinator located in each district office. If the request concerns
other Division activities, programs or services, then the request should be
directed to the Division's Statewide Disability Coordinator.
(c) Written notice of how to request a disability accommodation shall be
posted and made available to the public.
(d) Disability accommodation requests shall include a statement regarding
the limitation or impairment necessitating the accommodation; what accommodation
is requested; how the requested accommodation would mitigate the impact of the
disability or impairment in accessing the program; and the location, date and
time the accommodation is needed.
(e) Disability accommodation requests shall not address substantive issues
involved in a legal proceeding.
(f) Additional information, including medical documentation, may be
requested by the Division as support for the accommodation request.
(g) In general, requests should be made with as much notice as possible. If
the request is made less than five days before the date it is needed, the
Division will provide a reasonable accommodation by that date unless it is
unreasonable to do so.
(h) Upon submitting a request, the requestor must enter an interactive
process to assist in determining what, if any, reasonable accommodation may be
provided. The interactive process includes providing additional information and
timely correspondence with the Division as needed to address the accommodation
request.
Note: Authority:
Sections 111(a),
133 and
5307.3, Labor Code; and
Section 11138, Government
Code. Reference:
Section 11138, Government Code;
Sections 51,
54,
54.1,
54.8,
4450,
4451 and
4452, Civil
Code;
Sections 11135 and
11351(c), Government Code; and
42
USC Sections 12101,
12102,
12111,
12112,
12113,
12131,
12132 and
12133.
HISTORY
1. New section filed 1-19-2012; operative 2-18-2012 (Register 2012, No.
3).
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