California Code of Regulations
Title 8 - Industrial Relations
Division 1 - Department of Industrial Relations
Chapter 4.5 - Division of Workers' Compensation
Subchapter 2 - Workers' Compensation Appeals Board-Rules and Practice Procedure
Article 16 - Liens
Section 10868 - Notices of Representation for Lien Claimants
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Whenever any lien claimant obtains representation after a lien has been filed, or changes such representation, the lien claimant shall, within 5 days, file and serve a notice of representation in accordance with rules 10390, 10400, 10401 and 10402. If a copy of the notice of representation is not in the record at the time of the hearing, the lien claimant's representative shall lodge a copy at the hearing and shall personally serve a copy on all parties appearing. Unless a representative signs an initial lien document on behalf of a lien claimant, a notice of representation is required.
(b) In addition to the requirements of rules 10390, 10400 and 10401, the notice shall:
(c) The notice shall be verified by a declaration signed by the lien claimant and the lien claimant's representative under penalty of perjury stating:
(d) Any violation of this rule may give rise to monetary sanctions, attorney's fees and costs under Labor Code section 5813 and rule 10421.
1. New section filed 12-17-2019; operative 1-1-2020. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 2019, No. 51). For prior history, see Register 2002, No. 51.
Note: Authority cited: Sections 133, 5307, 5309 and 5708, Labor Code. Reference: Sections 130, 4907 and 5710, Labor Code; Sections 284, 285 and 286, Code of Civil Procedure; and Sections 10390 and 10445, title 8, California Code of Regulations.