California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1 - Administrative Director-Administrative Rules › Article 1.6 - Ethical Standards of Workers' Compensation Administrative Law Judges; Enforcement of Standards › Section 9720.2 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For purposes of this Article and Section
						123.6 of the
						Labor Code, the following definitions shall apply:
(a) "Code of Judicial Ethics" shall mean the
					 Code of Judicial Ethics adopted by the Supreme Court pursuant to subdivision
					 (m) of Section
					 18 of Article VI of the California
					 Constitution and any subsequent revision thereof.
(b) "Committee" shall mean the Workers'
					 Compensation Ethics Advisory Committee specified in Section
					 9722 of these
					 regulations.
(c) "Complaint" shall
					 mean a statement alleging facts that, if true, might constitute an ethics
					 violation.
(d) "Ethics violation"
					 shall mean any conduct of a workers' compensation administrative law judge that
					 is contrary to the Code of Judicial Ethics or to the other rules of conduct
					 that apply to workers' compensation administrative law judges.
(e) "Financial interest" shall mean a legal
					 or equitable interest of either more than one per cent (1%) or a fair market
					 value in excess of two thousand dollars ($2,000). Ownership in a mutual fund or
					 other common investment fund that holds securities is not a "financial
					 interest" in those securities unless the judge participates in the management
					 of the fund.
(f) "Gift" means any
					 payment or furnishing of value to the extent that consideration of equal or
					 greater value is not given and includes a rebate or discount in the price of
					 anything of value unless the rebate or discount is made in the regular course
					 of business to members of the public without regard to official status. Any
					 person who claims that a payment is not a gift by reason of the giving of
					 consideration has the burden of proving that the consideration received is of
					 equal or greater value. The term "gift" does not include:
(1) Informational material such as books,
					 reports, pamphlets, calendars, periodicals, cassettes and discs, or free or
					 reduced-price admission, tuition, or registration, for informational
					 conferences or seminars. No payment for travel or reimbursement for any
					 expenses shall be deemed "informational material."
(2) Gifts which are not used and which,
					 within 30 days after receipt, are returned to the donor or delivered to a
					 charitable organization without being claimed as a charitable contribution for
					 tax purposes.
(3) Gifts from a
					 judge's spouse, fiancee, child, parent, grandparent, grandchild, brother,
					 sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt,
					 uncle, or first cousin or the spouse of any such person; provided that a gift
					 from any such person shall be considered a gift if the donor is acting as an
					 agent or intermediary for any person not covered by this paragraph.
(4) Campaign contributions required to be
					 reported under Chapter 4 (commencing with Section
					 84100) of Title 9 of the Government
					 Code.
(5) Gifts of comestible items
					 of nominal value that are not directed to a particular judge, such as holiday
					 baskets of candy or fruit delivered to a District office of the Division, and
					 placed in public areas for consumption by members of the public.
(6) Any devise, inheritance, or other
					 transfer to the judge occurring as a result of death or distribution from an
					 irrevocable trust.
(7) Personalized
					 plaques and trophies with an individual value of less than the amount specified
					 from time to time in Government Code §
												82028
					 (which at the time of this amendment is two hundred fifty dollars ($
					 250).
(8) Admission to events and
					 refreshments and similar non-cash nominal benefits provided to a judge during
					 the entire event at which the judge gives a speech, participates in a panel or
					 seminar, or provides a similar service, and payments, advances, or
					 reimbursements for actual transportation and any reasonably necessary lodging
					 and subsistence provided directly in connection with the speech, panel,
					 seminar, or service, provided that the lodging and subsistence expenses are
					 limited to the day immediately preceding, the day of, and the day immediately
					 following the speech, panel participation or seminar, and the travel is within
					 the United States.
(9)
					 Complimentary admission to events and refreshments and similar non-cash nominal
					 benefits, at legal educational events at which the judge is not a speaker or
					 participant in a panel, if:
A. the
					 educational event is open to the public who wish to purchase
					 admission;
B. continuing legal
					 education credits are available for attorneys who attend; and
C. the free admission is offered to all
					 workers' compensation administrative law judges;
"Complimentary admission to events"does not include
						admission to non-educational functions, such as golf tournaments, excursions,
						picnics, and dances. "Refreshments" does not include meals other than meals
						served contemporaneously with an educational presentation, and is limited to
						those refreshments offered to all who pay admission to the
						event.