Chapter 4.5. Division of Workers' Compensation
Subchapter 1. Administrative Director--Administrative Rules
Article 1.6. Ethical Standards of Workers' Compensation Referees; Enforcement of Standards

§9722. The Workers' Compensation Ethics Advisory Committee.

(a) There shall be a Workers' Compensation Ethics Advisory Committee consisting of nine members appointed by the Administrative Director or by his/her designee:

(1) a member of the public representing organized labor,

(2) a member of the public representing insurers,

(3) a member of the public representing self-insured employers,

(4) an attorney who formerly practiced before the Workers' Compensation Appeals Board and who usually represented insurers or employers,

(5) an attorney who formerly practiced before the Workers' Compensation Appeals Board and who usually represented applicants,

(6) a presiding workers' compensation administrative law judge,

(7) a workers' compensation administrative law judge or retired workers' compensation administrative law judge,

(8) and (9) two members of the public outside the workers' compensation community.

Members shall serve for a term of four years. However, to create staggered terms, the first term of members in odd-numbered categories above shall be two years. The Administrative Director shall designate a chairperson.

(b) The Committee shall meet as necessary to carry out its responsibilities under this article. State employees shall meet on state time and at state expense.

(c) The Committee may do the following:

(1) Receive complaints made against workers' compensation administrative law judges,

(2) Forward those complaints to the Administrative Director or Court Administrator with a recommendation to investigate or not to investigate,

(3) Monitor the outcome of complaints, and

(4) Make reports and recommendations to the Administrative Director, the Court Administrator, the legislature and the public concerning the integrity of the workers' compensation adjudicatory process. The Committee shall make a public report on or before April 15 or each year, summarizing the activities of the Committee in the previous calendar year. The report shall not contain personally identifiable information concerning complainants or workers' compensation administrative law judges, unless the information is already public.

(d) The Administrative Director shall make staff available to the Committee to assist it in carrying out its functions.

(e) The Committee may receive information that is not available to the public. The Committee shall hold such information strictly confidential from public disclosure. However, this rule of confidentiality shall not prevent the Administrative Director or Court Administrator from disclosing information to the workers' compensation administrative law judge, if the workers' compensation administrative law judge is otherwise entitled to the information.

   Note: Authority cited: Sections 123.6, 133 and 5307.3, Labor Code. Reference: Sections 111 and 123.6, Labor Code.

 HISTORY 

   

1. New section filed 11-30-95; operative 12-1-95. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 95, No. 48).

2. Amendment filed 8-25-2008; operative 9-24-2008 (Register 2008, No. 35).