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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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