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California Labor Code. California
Читать онлайн.Название California Labor Code
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isbn 9785392105373
Автор произведения California
Жанр Юриспруденция, право
Издательство Проспект
(i) The division shall issue regulations to implement this section.
(j) For purposes of Section 1773, persons employed pursuant to this section do not constitute a separate craft, classification, or type of worker.
(k) Notwithstanding any other provision of law, an uncertified person who has completed an approved curriculum of classroom instruction and is currently registered with the division may take the certification examination. The person shall be certified upon passing the examination and satisfactorily completing the requisite number of on-the-job hours required for certification. A person who passes the examination prior to completing the requisite hours of on-the-job experience shall continue to comply with subdivision (f).
(Added by Stats. 2012, Ch. 46, Sec. 79. Effective June 27, 2012.)
108.5. (a) The Electrician Certification Fund is established as a special account in the State Treasury. Proceeds of the fund may be expended by the department, upon appropriation by the Legislature, for the costs of the Division of Labor Standards Enforcement program to validate and certify electricians as provided by Section 108, and shall not be used for any other purpose.
(b) The fund shall consist of the fees collected pursuant to Section 108.
(Added by Stats. 2012, Ch. 46, Sec. 79. Effective June 27, 2012.)
CHAPTER 5. Division of Workers’ Compensation [110–139.6]
(Heading of Chapter 5 amended by Stats. 2002, Ch. 6, Sec. 23.5.)
110. As used in this chapter:
(a) “Appeals board” means the Workers’ Compensation Appeals Board. The title of a member of the board is “commissioner.”
(b) “Administrative director” means the Administrative Director of the Division of Workers’ Compensation.
(c) “Division” means the Division of Workers’ Compensation.
(d) “Medical director” means the physician appointed by the administrative director pursuant to Section 122.
(e) “Qualified medical evaluator” means physicians appointed by the administrative director pursuant to Section 139.2.
(Amended by Stats. 2011, Ch. 559, Sec. 2. Effective October 7, 2011.)
111. The Workers’ Compensation Appeals Board, consisting of seven members, shall exercise all judicial powers vested in it under this code. In all other respects, the Division of Workers’ Compensation is under the control of the administrative director and, except as to those duties, powers, jurisdiction, responsibilities, and purposes as are specifically vested in the appeals board, the administrative director shall exercise the powers of the head of a department within the meaning of Article 1 (commencing with Section 11150) of Chapter 2 of Part 1 of Division 3 of Title 2 of the Government Code with respect to the Division of Workers’ Compensation which shall include supervision of, and responsibility for, personnel, and the coordination of the work of the division, except personnel of the appeals board.
(Amended by Stats. 2012, Ch. 728, Sec. 117. Effective January 1, 2013.)
112. The members of the appeals board shall be appointed by the Governor with the advice and consent of the Senate. The term of office of the members appointed prior to January 1, 1990, shall be four years, and the term of office of members appointed on or after January 1, 1990, shall be six years and they shall hold office until the appointment and qualification of their successors.
Five of the members of the appeals board shall be experienced attorneys at law admitted to practice in the State of California. The other two members need not be attorneys at law. All members shall be selected with due consideration of their judicial temperament and abilities. Each member shall receive the salary provided for by Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2 of the Government Code.
(Amended by Stats. 1990, Ch. 1550, Sec. 8.5.)
113. The Governor shall designate the chairman of the appeals board from the membership of the appeals board. The person so designated shall hold the office of chairman at the pleasure of the Governor.
The chairman may designate in writing one of the other members of the appeals board to act as chairman during such time as he may be absent from the state on official business, on vacation, or absent due to illness.
(Repealed and added by Stats. 1965, Ch. 1513.)
115. Actions of the appeals board shall be taken by decision of a majority of the appeals board except as otherwise expressly provided.
The chairman shall assign pending cases in which reconsideration is sought to any three members thereof for hearing, consideration and decision. Assignments by the chairman of members to such cases shall be rotated on a case-by-case basis with the composition of the members so assigned being varied and changed to assure that there shall never be a fixed and continued composition of members. Any such case assigned to any three members in which the finding, order, decision or award is made and filed by any two or more of such members shall be the action of the appeals board unless reconsideration is had in accordance with the provisions of Article 1 (commencing with Section 5900), Chapter 7, Part 4, Division 4 of this code. Any case assigned to three members shall be heard and decided only by them, unless the matter has been reassigned by the chairman on a majority vote of the appeals board to the appeals board as a whole in order to achieve uniformity of decision, or in cases presenting novel issues.
(Repealed and added by Stats. 1965, Ch. 1513.)
116. The seal of the appeals board bearing the inscription “Workers’ Compensation Appeals Board, Seal” shall be affixed to all writs and authentications of copies of records and to such other instruments as the appeals board directs.
(Amended by Stats. 1981, Ch. 21, Sec. 4. Effective April 18, 1981.)
117. The administrative director may appoint an attorney licensed to practice law in the state as counsel to the division.
(Amended by Stats. 1989, Ch. 892, Sec. 13.)
119. The attorney shall:
(a) Represent and appear for the state and the Division of Workers’ Compensation and the appeals board in all actions and proceedings arising under any provision of this code administered by the division or under any order or act of the division or the appeals board and, if directed so to do, intervene, if possible, in any action or proceeding in which any such question is involved.
(b) Commence, prosecute, and expedite the final determination of all actions or proceedings, directed or authorized by the administrative director or the appeals board.
(c) Advise the administrative director and the appeals board and each member thereof, upon request, in regard to the jurisdiction, powers or duties of the administrative director, the appeals board and each member thereof.
(d) Generally perform the duties and services as attorney to the Division of Workers’ Compensation and the appeals board which are required of him or her.
(Amended by Stats. 1994, Ch. 1097, Sec. 6. Effective January 1, 1995.)
120. The administrative director and the chairman of the appeals board may each respectively appoint a secretary and assistant secretaries to perform such services as shall be prescribed.
(Repealed and added by Stats. 1965, Ch. 1513.)
121. The chairman of the appeals board may authorize its secretary and any two assistant secretaries to act as deputy appeals board members and may delegate authority and duties to these deputies. Not more than three deputies may act as appeals board members at any one time. No act of