Cal. Code Regs. Tit. 8, § 10402 - Substitution or Dismissal of Attorneys and Non-Attorney Representatives

(a) Substitution or dismissal of attorneys must be made in the manner provided by Code of Civil Procedure sections 284, 285 and 286.

(b) A non-attorney representative or entity providing non-attorney representatives pursuant to an agreement with a party shall continue to provide representation until the party consents to termination of representation or withdrawal is permitted by the Workers' Compensation Appeals Board.

(1) A party that consents to termination of representation shall serve and file a fully executed "Substitution of Non-attorney Representative" that includes the information required for a notice of representation filed pursuant to rules 10400 and 10401 or that identifies the party as self-represented and the name, address, telephone number and signature of the person authorized to consent to the substitution on behalf of the party.

(2) If a party does not consent to termination of representation, representation shall continue until the Appeals Board or the worker's compensation judge issues an order allowing withdrawal for good cause.

(c) Any changes in representation of lien claimants shall also comply with the requirements set forth in rule 10868.

Notes

Cal. Code Regs. Tit. 8, § 10402

1. Amendment exempt from OAL review pursuant to Government Code section 11351 filed 12-19-90; operative 1-1-91 (Register 91, No. 7).
2. Repealer of second paragraph filed 12-19-2002; operative 1-1-2003. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 2002, No. 51).
3. Repealer of former section 10402 and renumbering of former section 10774 to section 10402, including amendment of section heading, section and NOTE, filed 12-17-2019; operative 1-1-2020. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 2019, No. 51).

Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 4903 and 4906, Labor Code; and Sections 284, 285 and 286, Code of Civil Procedure.

1. Amendment exempt from OAL review pursuant to Government Code section 11351 filed 12-19-90; operative 1-1-91 (Register 91, No. 7).
2. Repealer of second paragraph filed 12-19-2002; operative 1-1-2003. Submitted to OAL for printing only pursuant to Government Code section 11351(Register 2002, No. 51).
3. Repealer of former section 10402 and renumbering of former section 10774 to section 10402, including amendment of section heading, section and Note, filed 12-17-2019; operative 1/1/2020. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 2019, No. 51).