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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


§ 9708.6. Appeal Procedure.

(a) A requestor may seek review of an accommodation decision within 15 calendar days of the date the accommodation decision is received.

(b) A requestor seeking review of an accommodation decision shall submit a request to the Division's Statewide Disability Coordinator setting forth the disability accommodation requested, the accommodation decision to be reviewed, and the reasons for review, with any relevant documentation provided.

(c) The Division's Administrative Director or a designee shall issue a decision within 30 calendar days from the date the request for review is received.

(d) If circumstances require a more expedited review, a request to expedite the review process shall be submitted to the Division's Statewide Disability Coordinator along with the appeal requirements under section (b) within five calendar days of the date the accommodation decision was received and before any pending proceeding is scheduled for which the accommodation is requested. The request shall include a detailed explanation of the justification for an expedited review, the time frame requested, and the reasons for the appeal, with any relevant documentation provided. The Division will address the appeal and issue a decision no later than 15 calendar days from the date the requested for expedited review was received.

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, 12132 and 12133.

HISTORY

1. New section filed 1-19-2012; operative 2-18-2012 (Register 2012, No. 3).

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