Bulletin No. 1-04
January 2, 2004

Emergency lien filing fee regulations are now in effect

Emergency regulations implementing a provision of Senate Bill 228 requiring a lien filing fee of $100 for each initial medical and medical-legal lien are now in effect.

The emergency regulations were approved by the state Office of Administrative Law (OAL) on Wednesday, December 31 and became effective on January 1, 2004. They can be viewed at the Department of Industrial Relations' web site at http://www.dir.ca.gov/dwc/dwcpropregs/LienPayEmerRegs.htm.

The next step is for formal rulemaking on permanent regulations to begin. DWC will have 120 days from the effective date of the emergency regulations to conduct a regular rulemaking proceeding and submit a completed rulemaking file for permanent regulations to OAL. This will include a 45-day comment period and public hearing, consideration of public comments, and one or more modified proposals with 15-day comment periods.

The emergency regulations will continue in effect while OAL reviews the final rulemaking action. Once that rulemaking process is complete, the permanent regulations will replace the emergency regulations.