California Labor Codes 5307

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§ 5307 WCAB power to make regulations

History:



(a) Except for those rules and regulations within the authority of the court administrator regarding trial level proceedings as defined in subdivision (c), the appeals board may by an order signed by four members:

(1) Adopt reasonable and proper rules of practice and procedure. (2) Regulate and provide the manner in which, and by whom, minors and incompetent persons are to appear and be represented before it. (3) Regulate and prescribe the kind and character of notices, where not specifically prescribed by this division, and the service thereof. (4) Regulate and prescribe the nature and extent of the proofs and evidence.

(b) No rule or regulation of the appeals board pursuant to this section shall be adopted, amended, or rescinded without public hearings. Any written request filed with the appeals board seeking a change in its rules or regulations shall be deemed to be denied if not set by the appeals board for public hearing to be held within six months of the date on which the request is received by the appeals board.

(c) The court administrator shall adopt reasonable, proper, and uniform rules for district office procedure regarding trial level proceedings of the workers' compensation appeals board. These rules shall include, but not be limited to, all of the following:

(1) Rules regarding conferences, hearings, continuances, and other matters deemed reasonable and necessary to expeditiously resolve disputes. (2) The kind and character of forms to be used at all trial level proceedings. All rules and regulations adopted by the court administrator pursuant to this subdivision shall be subject to the requirements of the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).

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