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Chapter 4.5. Division of Workers' Compensation
Subchapter 1. Administrative Director--Administrative Rules
Article 1.5. Receipt of Salary by Workers' Compensation Administrative Law Judge
§ 9708.5. Decision-Making Process.
(a) Each disability accommodation request shall be considered on a case-by-case basis.
(b) In determining whether to grant a request for disability accommodation and what disability accommodation may be provided, the Division shall consider, California Civil Code section 51 et seq., the provisions of the Americans with Disabilities Act of 1990, and other applicable state and federal laws.
(c) For each disability accommodation request, the Division shall, either:
(1) Issue a decision to provide the requested disability accommodation in whole or in part, or to provide a reasonable alternative accommodation; or
(2) Issue a decision denying the request for a disability accommodation.
(d) The Division will make a decision on an accommodation request before the date the requested accommodation is needed.
(e) If the Division is informed that the provided accommodation is not effective, the Division will seek to provide an effective alternative reasonable accommodation.
(f) Unless otherwise specified, the disability accommodation is provided only for the specific appearance or proceeding for which the accommodation was requested.
(g) A request for a disability accommodation may be denied if it is determined that:
(1) The individual who would receive the disability accommodation is not legally entitled to a disability accommodation; or
(2) The requestor has failed to satisfy the requirements for requesting a disability accommodation, including failing to engage in a good faith interactive process; or
(3) The requested disability accommodation would create an undue financial and administrative burden; or
(4) The requested disability accommodation would fundamentally alter the nature of the service, program, or activity provided by the Division; or
(5) The requested disability accommodation is unreasonable, including requesting an accommodation that is not within the Division's jurisdiction to grant under the law.
(h) The decision to deny a disability accommodation shall be issued by the Administrative Director or the designee of the Administrative Director.
(i) A denial of a disability accommodation shall be in writing and shall set forth the reasons for denial and sent to the requestor. A Disability Coordinator may also verbally inform the requestor of the denial.
(j) If the Division denies a requested disability accommodation, the Division shall seek to provide a reasonable alternative disability accommodation, unless a reasonable accommodation is not available or any provision under subdivision (g) of this section is met.
Note: Authority: Sections 111(a), 133 and 5307.3, Labor Code; and Section 11138, Government Code. Reference: Sections 51, 54 and 54.1, Civil Code; Sections 11135 and 11351(c), Government Code; and 42 USC Sections 12101, 12102, 12111, 12113, 12131, 12132 and 12133.
1. New section filed 1-19-2012; operative 2-18-2012 (Register 2012, No. 3).
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