Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The reasonable maximum rates payable for
copy and related services, for dates of service prior to July 15, 2022, are as
follows:
(1) A $180.00 flat rate, for an
initial set of records, from a single custodian of records, which includes, but
is not limited to, mileage, postage, pickup and delivery, phone calls, repeat
visits to the record source and records locators, page numbering, witness costs
for delivery of records, check costs, costs charged by a third party for the
retrieval and return of records held offsite by the third party, service of the
subpoena, shipping and handling, and subpoena preparation.
(A) Release of information services of
witness costs for retrieval and return of physical records held offsite by a
third party are governed by Evidence Code section 1563.
(2) $75.00 in the event of cancellation after
a subpoena or request for records by authorization has been issued but before
records are produced, or for a Certificate of No Record (CNR).
(3) $20.00 for records obtained from the
Employment Development Department.
(4) $30.00 for records obtained from the
Workers' Compensation Insurance Rating Bureau.
(b) In addition to the flat rate allowed in
subdivision (a)(1), the following separate rates may be charged:
(1) For paper copies, ten cents ($0.10) per
page if the document is over 500 pages.
(2) $5.00 for each additional set of records
in electronic form ordered within 30 days of the subpoena, or $30.00 if ordered
after 30 days and the copy is retained by the registered photocopier. If the
injured worker requests an additional set of records in electronic form ordered
within 30 days of the subpoena, the claims administrator is liable for one
additional set of records in electronic form for no more than $5.00 for the
additional set of records if ordered within 30 days and for no more than $30.00
if ordered after 30 days and the copy is retained by the registered
photocopier. All other additional sets of records are payable by the party
ordering the additional set.
(3)
X-rays and scans are $10.26 per sheet, and $3.00 per CD of X-rays and
scans.
(4) Applicable sales
tax.
1. New
section filed 4-30-2015; operative 7-1-2015 (Register 2015, No.
18).
2. Amendment of section heading, section and NOTE filed
6-15-2022; operative 7-15-2022. Exempt from the APA and OAL review pursuant to
Government Code section 11340.9(g). Submitted to OAL for filing and printing
only pursuant to Government Code section 11343.8 (Register 2022, No.
24).
Note: Authority cited: Section 5307.9, Labor Code.
Reference: Sections 4453 and 5307.9, Labor Code; and Sections 1561 and 1563,
Evidence Code.
