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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

§9723. Miscellaneous Provisions.

(a) This article does not replace or diminish the procedural rights of a workers' compensation administrative law judge under the State Civil Service Act. Documentation of unfounded or unsubstantiated complaints shall not be retained in the employee's personnel file.

(b) This article does not replace or diminish the authority of the Administrative Director or Court Administrator to investigate allegations of ethics violations, to impose appropriate discipline, or to take any other action authorized by law.

(c) Nothing in this article shall affect the rights and obligations of the Administrative Director or Court Administrator and workers' compensation administrative law judges concerning the probationary period under Government Code sections 19170 through 19180.

(d) Pursuant to Government Code section 19574.5, the Administrative Director or Court Administrator may place a workers' compensation administrative law judge on leave of absence pending investigation of the accusations listed in that section.

(e) A workers' compensation administrative law judge or other interested person may request the Administrative Director or Court Administrator to issue an advisory opinion on the application of the Code or other rules to a particular situation. The Administrative Director or Court Administrator may, in his or her sole discretion, issue an advisory opinion. The Administrative Director or Court Administrator may issue an advisory opinion on his or her own initiative.

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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