California Code of Regulations
Title 8 - Industrial Relations
Division 1 - Department of Industrial Relations
Chapter 4.5 - Division of Workers' Compensation
Subchapter 1.5 - Injuries on or After January 1, 1990
Article 6 - Civil Penalty
Section 10113.1 - Answer to Order to Show Cause
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Within 30 days after service of the Order to Show Cause Re Assessment of Civil Penalties the claims administrator may file with the Administrative Director an Answer to the Order to Show Cause in which the claims administrator may:
(b) Failure to timely file an Answer shall constitute a waiver of the claims administrator's right to a hearing. Unless set forth in the Answer, all defenses to the Order to Show cause shall be deemed waived. If the Answer is not timely filed, the claims administrator may file a written request for leave to file an Answer. The claims administrator may also file a written request for leave to assert additional defenses. The Administrative Director may grant relief upon a showing of good cause.
(c) The Answer shall be in writing signed by or on behalf of the claims administrator and shall state the claims administrator's mailing address. It need not be verified or follow any particular form.
(d) The claims administrator must file the original and one copy of the Answer on the Administrative Director and concurrently serve one copy of the Answer on the Audit Unit. The original and all copies of any filings shall have a proof of service.
1. New section filed 12-30-2002; operative 1-1-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 1).
Note: Authority cited: Sections 59, 129, 129.5, 133 and 5307.3, Labor Code Reference: Sections 129 and 129.5, Labor Code.
