California Code of Regulations
Title 8 - Industrial Relations
Division 1 - Department of Industrial Relations
Chapter 4.5 - Division of Workers' Compensation
Subchapter 1.8.5 - Electronic Adjudication Management System Rules
Article 6 - Initial Lien Filing and Lien Activation Fees
Section 10208 - Lien Activation Fees
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Any section 4903(b) lien filed prior to January 1, 2013, and any cost filed as a lien prior to January 1, 2013, shall be subject to a lien activation fee in the sum of one hundred dollars ($100.00), payable to the Division of Workers' Compensation. The $100 fee is payment for the activation of a lien. No lien claimant that is required to pay an activation fee shall file a declaration of readiness or participate in any lien conference including obtaining an order allowing its lien in whole or in part, without submitting written proof of prior timely payment of the fee, or without electronic proof of prior timely payment of the fee that is available to the judge and parties at the conference. "Prior timely payment" means payment of the activation fee (1) prior to the filing of a declaration of readiness for a lien claimant filing a declaration of readiness, or (2) prior to an appearance at a lien conference by a lien claimant of record that did not file the declaration of readiness.
(b) The lien activation fee shall be collected by the Administrative Director and made electronically consistent with the following filing procedures. All fees shall be deposited in the Workers' Compensation Administration Revolving Fund and applied for the purposes of that fund.
(c) If the activation fee for a section 4903(b) lien filed prior to January 1, 2013 or the cost filed as a lien prior to January 1, 2013 has been previously paid, the lien claimant shall submit confirmation of payment with the Declaration of Readiness to Proceed for a lien conference.
(d) All lien claimants that are required to pay an activation fee pursuant to this article that did not file the Declaration of Readiness to Proceed for a lien conference and remain a lien claimant of record at the time of a lien conference or consolidated lien conference shall submit confirmation of payment of the lien activation fee at the lien conference.
1. New
section filed 12-31-2012 as an emergency; operative 1-1-2013 pursuant to
Government Code section 11346.1(d) (Register 2013, No. 1). A Certificate of
Compliance must be transmitted to OAL by 7-1-2013 or emergency language will be
repealed by operation of law on the following day.
2. New section
refiled 6-26-2013 as an emergency; operative 7-1-2013 pursuant to Government
Code section 11346.1(d) (Register 2013, No. 26). A Certificate of Compliance
must be transmitted to OAL by 9-30-2013 or emergency language will be repealed
by operation of law on the following day.
3. New section refiled
9-30-2013 as an emergency; operative 10-1-2013 pursuant to Government Code
section 11346.1(d) (Register 2013, No. 40). A Certificate of Compliance must be
transmitted to OAL by 12-30-2013 or emergency language will be repealed by
operation of law on the following day.
4. Certificate of Compliance
as to 9-30-2013 order, including amendment of subsections (a) and
(a)(2)(I)-(J), repealer of subsection (b), subsection relettering and amendment
of newly designated subsections (b)(1)-(2), transmitted to OAL 11-8-2013 and
filed 12-16-2013; amendments effective 12-16-2013 pursuant to Government Code
section 11343.4(b)(3) (Register 2013, No. 51).
Note: Authority cited: Sections 111, 133, 4903.06 and 5307.3, Labor Code. Reference: Sections 126, 4903 and 4903.06, Labor Code; Section 1349, Health and Safety Code; and Sections 10270.5 and 10121, Insurance Code.
