Chapter 8. Office of the Director
Subchapter 2. Administration of Self-Insurance Plans
Article 11. Hearing and Appeal Procedures

§15437. Appellate Review.

(a) Appeal from an adverse decision of the Director with regard to failure to pass the Self-Insurance Administrator examination or revocation of a Certificate to Administer, or with regard to the Office of Self Insurance Plans' timeliness of processing an application, shall be made to the Superior Court of California by writ as provided in the Code of Civil Procedure. A condition precedent to such appeal shall be exhaustion of all appeal requirements specified in this article.

(b) Appeal from a decision or determination of the Director after hearing arising from a dispute between or among a surety, the issuer of an agreement of assumption and guarantee of workers' compensation liabilities, the issuer of a letter of credit, a custodian of a security deposit, an employer, or the SISF, concerning the posting, renewal, termination, exoneration, or return of all or any portion of the security deposit, or any liability arising out of the posting or failure to post security, or adequacy of the security or reasonableness of administrative costs, including legal fees, may be taken to the Superior Court, as provided in Labor Code section 3701.5(g).

(c) Appeal from a determination of the Director after hearing in a proceeding under Labor Code section 3702.8 involving private employers who have ceased to be self-insured employers may be taken to the Appeals Board. After January 1, 1991 such appeals shall be taken to the appropriate Superior Court by petition for writ of mandate.

(d) Appeal from a decision or determination of the Director after hearing which denies an application for a certificate or which revokes a certificate pursuant to Labor Code section 3702(b), may be taken to the Appeals Board. It shall be a condition precedent to the filing of such an appeal that the appealing employer shall have first obtained workers' compensation insurance. A Certificate of Insurance showing the current existence of such insurance, issued by the insurer, shall be filed as part of the appeal.

(e) Appeal of any other determination of the Director may be taken to the Appeals Board.

(f) All appeals to the Appeals Board under this section shall be governed by article 1 of chapter 7 of part 4 of division 4 of the Labor Code, Reconsideration. Appeals shall be filed with the Appeals Board within twenty (20) days after service of the final decision or determination of the Director. Where service is by mail, the time to file shall be extended as provided in Code of Civil Procedure section 1013.

NOTE: Authority cited: Sections 54, 55 and 3702.10, Labor Code. Reference: Sections 59, 3700, 3701, 3701.5, 3702, 3702.1, 3702.5, 3702.6, 3702.7, 3702.8, 3702.9, 3702.10, 3705, 3740-3747, Labor Code; Sections 11181-11188, 15378, Government Code; Sections 1985-2031, 2033-2036, Code of Civil Procedure.

HISTORY

1. Renumbering and amendment of former section 15437 to section 15438 and new section 15437 filed 12-17-90; operative 1-16-91 (Register 91, No. 6). For prior history, see Register 78, No. 47.