Chapter 4.5. Division of Workers' Compensation
Subchapter 1. Administrative Director - Administrative Rules
Article 12. Copy Service and Electronic Transaction Rates

§ 9983. Rates for Copy and Related Services (Prior to July 15, 2022).

(a) The reasonable maximum rates payable for copy and related services, for dates of service prior to July 15, 2022, are as follows:

(1) A $180.00 flat rate, for an initial set of records, from a single custodian of records, which includes, but is not limited to, mileage, postage, pickup and delivery, phone calls, repeat visits to the record source and records locators, page numbering, witness costs for delivery of records, check costs, costs charged by a third party for the retrieval and return of records held offsite by the third party, service of the subpoena, shipping and handling, and subpoena preparation.

(A) Release of information services of witness costs for retrieval and return of physical records held offsite by a third party are governed by Evidence Code section 1563.

(2) $75.00 in the event of cancellation after a subpoena or request for records by authorization has been issued but before records are produced, or for a Certificate of No Records (CNR).

(3) $20.00 for records obtained from the Employment Development Department.

(4) $30.00 for records obtained from the Workers' Compensation Insurance Rating Bureau.

(b) In addition to the flat rate allowed in subdivision (a)(1), the following separate rates may be charged:

(1) For paper copies, ten cents ($0.10) per page if the document is over 500 pages.

(2) $5.00 for each additional set of records in electronic form ordered within 30 days of the subpoena, or $30.00 if ordered after 30 days and the copy is retained by the registered photocopier. If the injured worker requests an additional set of records in electronic form ordered within 30 days of the subpoena, the claims administrator is liable for one additional set of records in electronic form for no more than $5.00 for the additional set of records if ordered within 30 days and for no more than $30.00 if ordered after 30 days and the copy is retained by the registered photocopier. All other additional sets of records are payable by the party ordering the additional set.

(3) X-rays and scans are $10.26 per sheet, and $3.00 per CD of X-rays and scans.

(4) Applicable sales tax.

Note: Authority cited: Section 5307.9, Labor Code. Reference: Sections 4453 and 5307.9, Labor Code; and Sections 1561 and 1563, Evidence Code.

HISTORY

1. New section filed 4-30-2015; operative 7-1-2015 (Register 2015, No. 18).

2. Amendment of section heading, section and Note filed 6-15-2022; operative 7-15-2022. Exempt from the APA and OAL review pursuant to Government Code section 11340.9(g). Submitted to OAL for filing and printing only pursuant to Government Code section 11343.8 (Register 2022, No. 24).