§10205.9. Extended System Unavailability.

(a) If, for any reason, there is a technical failure of EAMS for longer than 24 hours, the court administrator, in his or her discretion, may declare that EAMS is unavailable for an extended period of time.

(b) After issuing a declaration of extended system unavailability, the Administrative Director shall issue an order that includes, but is not limited to:

(1) requiring that the district office or the appeals board shall serve all documents by first class mail;

(2) providing that filed documents shall be maintained in temporary paper adjudication files;

(3) providing that the time for performing any action, whether by the parties or by the district office, shall be extended by a specified period or until EAMS is declared to be operational; or

(4) requiring or allowing any other actions or remedies, as deemed appropriate under the circumstances.

(c) The Administrative Director shall post the declaration of extended system unavailability on the website of the Division of Workers' Compensation, if the website remains operational, and shall post it at every district office and at the office of the appeals board.

(d) Any declaration of extended unavailability shall remain in effect until the Administrative Director issues a subsequent declaration that EAMS is operational.

(e) The Division of Workers' Compensation will maintain a list of any and all technical failures of EAMS that last longer than 24 hours on its website.

(f) EAMS shall be backed up daily pursuant to the State of California's information technology standards.

Note: Authority cited: Sections 111, 133, 138.2(b) and 5307.3, Labor Code; and Stats. 2011, c. 559, §17 (A.B. 1426). Reference: Sections 126 and 5700, Labor Code.

HISTORY

1. Renumbering of former section 10225 to new section 10205.9, including amendment of section and Note, filed 12-10-2012 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations by the Division of Workers' Compensation and as a file and print by the Workers' Compensation Appeals Board pursuant to Government Code section 11351 (Register 2012, No. 50).