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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

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§9722.1. Commencing an Investigation.
Complaint About a Workers’ Compensation Administrative Law Judge (276K)

(a) Any person may file a complaint concerning an ethics violation by a workers' compensation administrative law judge with the Committee. The Committee or the Administrative Director may require complaints to be filed in a particular form. Nothing in these regulations prohibits any person from complaining directly to a presiding workers' compensation administrative law judge, the Chief Judge, the Court Administrator or to the Administrative Director. The presiding workers' compensation administrative law judge, the Chief Judge, and Court Administrator or the Administrative Director may, but is not required to, refer such complaints to the Committee.

(b) The Committee shall review the complaint. The Committee may make inquiries to obtain information needed to clarify the complaint and/or to obtain additional information necessary to determine if the complaint might have merit.

(c) If the Committee determines that the complaint does not allege facts that might constitute an ethics violation, or if the complaint is merely conjectural or conclusory, specious, obviously unfounded, or stale, or alleges only legal error by the workers' compensation administrative law judge, the Committee shall forward the complaint to the Administrative Director or Court Administrator with a recommendation not to proceed with the complaint.

(d) If the Committee determines that the complaint might have merit, the Committee shall refer the complaint to the Administrative Director or Court Administrator. Complaints against the Administrative Director or Court Administrator shall be referred to the Director of Industrial Relations.

(e) Except as otherwise provided in subdivision (c) of section 9722.2, reports and recommendations of the Committee regarding individual complaints shall remain confidential.
     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).

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