California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 2 - Administration of Self-Insurance Plans › Article 11 - Hearing and Appeal Procedures › Section 15437 - Appellate Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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.
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.
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.