The Division will charge and collect fees for copies of records or documents. For the purposes of this section, “records” includes any writing containing information relating to the conduct of the public's business which is prepared, owned, or used by the Division, regardless of the physical form or characteristics. “Writing” means handwriting, typewriting, printing, photostatting, photographing and every other means of recording any form of communication thereof, and all papers, maps, magnetic tapes, photographic films and prints, electronic facsimiles, any form of stored computer data, magnetic cards or disks, drums, and other documents.
Fees will be charged and collected by the Division as follows:
(a) For copies of papers, records or documents, not certified or otherwise authenticated, one dollar ($1.00) for the first copy and twenty cents ($0.20) for each additional copy of the same page, except to the injured worker to whom the fee will be ten cents ($.10) per page.
(1) State sales tax and postage will be added to this fee.
(b) For certification of copies of official records or documents and orders of evidence taken or proceedings had, ten dollars ($10.00) for each certification.
(1) Where the Division is requested to both copy and certify a document, the fee is the sum of the fees prescribed in (a) and (b) above.
(c) For paper transcripts of any testimony, three dollars ($3.00) for each page of the first copy of transcripts; thereafter, one dollar and fifty cents ($1.50) for each page of additional copies of the transcript.
(1) Sales tax and postage will be added to this fee.
(2) Transcripts delivered on a medium other than paper shall be compensated at the same rate set for paper transcripts, except an additional fee shall be charged to cover the cost of the medium and any copies thereof.
(d) For inspection of a case file not stored in the place where the inspection is requested, ten dollars ($10.00) plus any postage or other delivery costs, except when requested by an injured employee or his or her attorney or his or her representative of record.
(e) For electronic records maintained by the Division:
(1) Listing of WCAB new case filings:
(A) $305.00 per transmission for WCAB new case opening records transmitted to the requester on tape.
(B) $85.00 per download for WCAB new case opening records transmitted to the requester by direct electronic download.
Paper copies of the WCAB new case opening records provided in addition to the electronic data will be subject to a separate charge of $0.10 per page, plus postage.
(2) Electronic response to an electronic inquiry concerning a case's status, a lien's status, or other case specific information available in electronic form, through EDEX (the Division's Electronic Data Exchange program), twenty cents ($0.20) per transaction.
(3) The Division will provide electronic copies of WCAB new case opening records or EDEX access only pursuant to a written agreement with the administrative director.
(4) Copies of existing electronic records, other than those electronic records set forth in subsections (e)(1) or (e)(2), that constitute disclosable public records, will be provided as required by law, for the Division's actual costs of retrieving and transmitting the data, including programming and processing time, storage media, postage or shipping costs and sales tax. All programming and processing time required to create new data sorts of existing electronically maintained records will be charged at the Division's standard rate of $40.00 per hour, billed in fifteen (15) minute increments.
(f) Copies of Division records containing information that is privileged or otherwise non-disclosable will be redacted before release.
Authority cited: Sections 127, 133, 138.7 and 5307.3, Labor Code. Reference: Sections 127 and 138.7, Labor Code.
1. Amendment of subsection (a) filed 11-7-78; effective thirtieth day thereafter (Register 78, No. 45). For former history, see Registers 77, No. 46; 75, No. 32; and 73, No. 51.
2. Amendment filed 8-29-84; effective thirtieth day thereafter (Register 84, No. 35).
3. Amendment of article and section headings and text filed 1-28-94; operative 1-28-94 (Register 94, No. 4). Submitted to OAL for printing only pursuant to Government Code section 11351.
4. Amendment of section and Note filed 8-22-2000; operative 9-21-2000 (Register 2000, No. 34).