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(continued)
(b) Admissible Evidence. The California Evidence Code and the common law rules of evidence shall not apply in the hearing, and the hearing officer may admit, consider, and rely upon evidence which would not be admissible if such rules of evidence governed.
(c) Testimony under Oath. All witnesses testifying before the hearing officer shall testify under oath, affirmation or penalty of perjury.
(d) Transcripts. The hearings shall be recorded by audio tape recording. A party desiring a transcript must pay for the transcription or provide and pay for a court reporter. In either case, a copy of the transcript must be provided to the director.
(e) Witness fees. Costs of subpoenaing witnesses are to be borne by the party requesting the subpoena.
(f) Documents. If a person seeking to establish that the person is not a parent or substantial shareholder does not produce corporate documents which relate the ownership of the applicable corporation, and there is evidence that the person was a shareholder or owner of a beneficial interest in the corporation, the hearing officer may presume that the corporate documents not produced would contain evidence establishing the opposite of the contention asserted by the person not offering them.


Note: Authority cited: Sections 54, 55, 59, 3702.10, 3710 and 3715, Labor Code. Reference: Sections 3715, 3717.2, 3720, 3720.1 and 3721, Labor Code.







s 15740. Limitations on Uninsured Employers Fund and Subsequent Injuries Fund Benefits for Aliens.
(a) All eligibility requirements contained herein shall be applied without regard to the race, creed, color, gender, religion, or national origin of the individual applying for the public benefit.
(b) Pursuant to Section 411 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, (Pub. L. No. 104-193 (PRWORA)), (8 U.S.C. s 1621), and notwithstanding any other provision of this division, aliens who are not qualified aliens, nonimmigrant aliens under the Immigration and Nationality Act (INA) (8 U.S.C. s 1101 et seq.), or aliens paroled into the United States under Section 212(d)(5) of the INA (8 U.S.C. s 1182 (d)(5)), for less than one year, are not eligible to receive benefits, including death benefits as the dependent of a deceased employee, from the UEF or SIF as set forth in Labor Code Sections 3716, 3716.2 and 4750-4755.
(c) A qualified alien is an alien who, at the time he or she applies for, receives, or attempts to receive benefits from the UEF or SIF, including death benefits as the dependent of a deceased employee, is, under Section 431(b) of the PRWORA (8 U.S.C. s 1641(b) and (c)), any of the following:
(1) An alien lawfully admitted for permanent residence under the INA (8 U.S.C. s 1101 et seq.).
(2) An alien who is granted asylum under Section 208 of the INA (8 U.S.C. s 1158).
(3) A refugee who is admitted to the United States under Section 207 of the INA (8 U.S.C. s 1157).

(4) An alien who is paroled into the United States under Section 212(d)(5) of the INA (8 U.S.C. s 1182(d)(5)) for a period of at least one year.
(5) An alien whose deportation is being withheld under Section 243(h) of the INA (8 U.S.C. s 1253(h)) (as in effect immediately before the effective date of Section 307 of division C of Public Law 104-208) or Section 241(b)(2) of such Act (8 U.S.C. s 1251(b)(3)) (as amended by Section 305(a) of division C of Public Law 104-208).
(6) An alien who is granted conditional entry pursuant to Section 203(a)(7) of the INA as in effect prior to April 1, 1980 (8 U.S.C. s 1153(a)(7)) (See editorial note under 8 U.S.C. s 1101, "Effective Date of 1980 Amendment").
(7) An alien who is a Cuban or Haitian entrant (as defined in Section 501(e) of the Refugee Education Assistance Act of 1980 (8 U.S.C. s 1522 note)).
(8) An alien who, under Section 431(c)(1) of the PRWORA (8 U.S.C. s 1641(c)(1), meets all of the conditions of subparagraphs (A), (B), (C), and (D) below:

(A) The alien has been battered or subjected to extreme cruelty in the United States by a spouse or a parent, or by a member of the spouse's or parent's family residing in the same household as the alien, and the spouse or parent of the alien consented to, or acquiesced in, such battery or cruelty. For purposes of this subsection, the term "battered or subjected to extreme cruelty" includes, but is not limited to being the victim of any act or threatened act of violence including any forceful detention, which results or threatens to result in physical or mental injury. Rape, molestation, incest (if the victim is a minor), or forced prostitution shall be considered acts of violence.
(B) There is a substantial connection between such battery or cruelty and the need for the benefits to be provided in the opinion of the UEF or SIF. For purposes of this subsection, the following circumstances demonstrate a substantial connection between the battery or cruelty and the need for the benefits to be provided:
(i) The benefits are needed to enable the alien to become self-sufficient following separation from the abuser.
(ii) The benefits are needed to enable the alien to escape the abuser and/or the community in which the abuser lives, or to ensure the safety of the alien from the abuser.
(iii) The benefits are needed due to a loss of financial support resulting from the alien's separation from the abuser.
(iv) The benefits are needed because the battery or cruelty, separation from the abuser, or work absences or lower job performance resulting from the battery or extreme cruelty or from legal proceedings relating thereto (including resulting child support, child custody, and divorce actions) cause the alien to lose his or her job or to earn less or to require the alien to leave his or her job for safety reasons.
(v) The benefits are needed because the alien requires medical attention or mental health counseling, or has become disabled, as a result of the battery or extreme cruelty.
(vi) The benefits are needed because the loss of a dwelling or source of income or fear of the abuser following separation from the abuser jeopardizes the alien's ability to care for his or her children (e.g., inability to house, feed, or clothe children or to put children into a day care for fear of being found by the abuser).

(vii) The benefits are needed to alleviate nutritional risk or need resulting from the abuse or following separation from the abuser.
(viii) The benefits are needed to provide medical care during a pregnancy resulting from the abuser's sexual assault or abuse of, or relationship with, the alien and/or to care for any resulting children.
(ix) Where medical coverage and/or health care services are needed to replace medical coverage or health care services the alien had when living with the abuser.
(C) The alien has been approved or has a petition pending which sets forth a prima facie case for:
(i) status as a spouse or child of a United States citizen pursuant to clause (ii), (iii), or (iv) of Section 204(a)(1)(A) of the INA (8 U.S.C. s 1154(a)(1)(A)(ii), (iii) or (iv)),
(ii) classification pursuant to clause (ii) or (iii) of Section 204(a)(1)(B) of the INA (8 U.S.C. s 1254(a)(1)(B)(ii) or (iii)),

(iii) cancellation of removal under 8 U.S.C. s 1229b as in effect prior to April 1, 1997,
(iv) status as a spouse or child of a United States citizen pursuant to clause (i) of Section 204(a)(1)(A) of the INA (8 U.S.C. s 1154(a)(1)(A)) or classification pursuant to clause (i) of Section 204(a)(1)(B) of the INA (8 U.S.C. s 1154(a)(1)(B)(i)).
(v) cancellation of removal pursuant to Section 204A(b)(2) of the INA (8 U.S.C. s 1229b(b)(2)).
(D) For the period for which benefits are sought, the individual responsible for the battery or cruelty does not reside in the same household or family eligibility unit as the individual subjected to the battery or cruelty.
(9) An alien who meets all of the conditions of subparagraphs (A), (B), (C), (D) and (E) below:
(A) The alien has a child who has been battered or subjected to extreme cruelty in the United States by a spouse or a parent of the alien (without the active participation of the alien in the battery or cruelty), or by a member of the spouse's or parent's family residing in the same household as the alien, and the spouse or parent consented or acquiesced to such battery or cruelty. For purposes of this subsection, the term "battered or subjected to extreme cruelty" includes, but is not limited to being the victim of any act or threatened act of violence including any forceful detention, which results or threatens to result in physical or mental injury. Rape, molestation, incest (if the victim is a minor), or forced prostitution shall be considered as acts of violence.
(B) The alien did not actively participate in such battery or cruelty.
(C) There is a substantial connection between such battery or cruelty and the need for the benefits to be provided-in the opinion of the UEF or SIF. For purposes of this subsection, the following circumstances demonstrate a substantial connection between the battery or cruelty and the need for the benefits to be provided:
(i) The benefits are needed to enable the alien's child to become self-sufficient following separation from the abuser.

(ii) The benefits are needed to enable the alien's child to escape the abuser and/or the community in which the abuser lives, or to ensure the safety of the alien's child from the abuser.
(iii) The benefits are needed due to a loss of financial support resulting from the alien's child's separation from the abuser.
(iv) The benefits are needed because the battery or cruelty, separation from the abuser, or work absences or lower job performance resulting from the battery or extreme cruelty or from legal proceedings relating thereto (including resulting child support, child custody, and divorce actions) cause the alien's child to lose his or her job or to earn less or to require the alien's child to leave his or her job for safety reasons.
(v) The benefits are needed because the alien's child requires medical attention or mental health counseling, or has become disabled, as a result of the battery or extreme cruelty.
(vi) The benefits are needed because the loss of a dwelling or source of income or fear of the abuser following separation from the abuser jeopardizes the alien's child's ability to care for his or her children (e.g., inability to house, feed, or clothe children or to put children into a day care for fear of being found by the abuser).
(vii) The benefits are needed to alleviate nutritional risk or need resulting from the abuse or following separation from the abuser.
(viii) The benefits are needed to provide medical care during a pregnancy resulting from the abuser's sexual assault or abuse of, or relationship with, the alien's child and/or to care for any resulting children.
(ix) Where medical coverage and/or health care services are needed to replace medical coverage or health care services the alien's child had when living with the abuser.
(D) The alien meets the requirements of subsection (c)(8)(C) above.
(E) For the period for which benefits are sought, the individual responsible for the battery or cruelty does not reside in the same household or family eligibility unit as the individual subjected to the battery or cruelty.
(10) An alien child who meets all of the conditions of subparagraphs (A), (B), and (C) below:
(A) The alien child resides in the same household as a parent who has been battered or subjected to extreme cruelty in the United States by that parent's spouse or by a member of the spouse's family residing in the same household as the parent and the spouse consented or acquiesced to such battery or cruelty. For purposes of this subsection, the term "battered or subjected to extreme cruelty" includes, but is not limited to being the victim of any act or threatened act of violence including any forceful detention, which results or threatens to result in physical or mental injury. Rape, molestation, incest (if the victim is a minor), or forced prostitution shall be considered acts of violence.
(B) There is a substantial connection between such battery or cruelty and the need for the benefits to be provided in the opinion of the UEF or SIF. For purposes of this subsection, the following circumstances demonstrate a substantial connection between the battery or cruelty and the need for the benefits to be provided:
(i) The benefits are needed to enable the alien child's parent to become self-sufficient following separation from the abuser.

(ii) The benefits are needed to enable the alien child's parent to escape the abuser and/or the community in which the abuser lives, or to ensure the safety of the alien child's parent from the abuser.
(iii) The benefits are needed due to a loss of financial support resulting from the alien child's parent's separation from the abuser.
(iv) The benefits are needed because the battery or cruelty, separation from the abuser, or work absences or lower job performance resulting from the battery or extreme cruelty or from legal proceedings relating thereto (including resulting child support, child custody, and divorce actions) cause the alien child's parent to lose his or her job or to earn less or to require the alien child's parent to leave his or her job for safety reasons.
(v) The benefits are needed because the alien child's parent requires medical attention or mental health counseling, or has become disabled, as a result of the battery or extreme cruelty.
(vi) The benefits are needed because the loss of a dwelling or source of income or fear of the abuser following separation from the abuser jeopardizes the alien child's parent's ability to care for his or her children (e.g., inability to house, feed, or clothe children or to put children into a day care for fear of being found by the abuser).
(vii) The benefits are needed to alleviate nutritional risk or need resulting from the abuse or following separation from the abuser.
(viii) The benefits are needed to provide medical care during a pregnancy resulting from the abuser's sexual assault or abuse of, or relationship with, the alien child's parent and/or to care for any resulting children.
(ix) Where medical coverage and/or health care services are needed to replace medical coverage or health care services the alien child's parent had when living with the abuser.
(c) The alien child meets the requirements of subsection (c)(8)(C) above.
(d) For purposes of this section, "nonimmigrant" is defined the same as in Section 101(a)(15) of the INA (8 U.S.C. s 1101(a)(15)).
(e) For purposes of establishing eligibility for Uninsured Employers Fund (UEF) and Subsequent Injuries Fund (SIF) benefits, all of the following must be met:
(1) The applicant must declare himself or herself to be a citizen of the United States or a qualified alien under subsection (c), a nonimmigrant alien under subsection (d), or an alien paroled into the United States for less than one year under Section 212(d)(5) of the INA (8 U.S.C. s 1182(d)(5)). The applicant shall declare that status through use of the "Statement of Citizenship, Alienage, and Immigration Status for State Public Benefits," Form UEF-1.
(2) The applicant must present documents of a type acceptable to the Immigration and Naturalization Services (INS) which serve as reasonable evidence of the applicant's declared status.
(3) The applicant must complete and sign Form UEF-1.
(4) Where authorized by the INS, the documentation presented by an alien as reasonable evidence of the alien's declared immigration status must be submitted to the INS for verification through the Systematic Alien Verification for Entitlements (SAVE) system procedures as follows:

(A) Unless the primary SAVE system is unavailable for use, the primary SAVE system verification must be used to access the biographical/immigration status computer record contained in the Alien Status Verification Index maintained by the INS. Subject to subparagraph (B), this procedure must be used to verify the status of all aliens who claim to be qualified aliens and who present an INS-issued document that contains an alien registration or alien admission number.
(B) In any of the following cases, the secondary SAVE system verification procedure must be used to forward copies of original INS documents evidencing an alien's status as a qualified alien, as a nonimmigrant alien under the INA, or as an alien paroled into the United States under Section 212(d)(5) of the INA (8 U.S.C. s 1182(d)(5)), for less than one year:
(i) The primary SAVE system is unavailable for verification.
(ii) A primary check of the Alien Status Verification Index instructs the Uninsured Employers Fund or Subsequent Injuries Fund to "institute secondary verification."
(iii) The document presented indicates immigration status but does not include an alien registration or alien admission number.

(iv) The Alien Status Verification Index record includes the alien registration or admission number on the document presented by the alien but does not match other information contained in the document.
(v) The document is suspected to be counterfeit or to have been altered.
(vi) The document includes an alien registration number in the A60 000 000 (not yet issued) or A80 000 000 (illegal border crossing) series.
(vii) The document is a fee receipt from INS for replacement of a lost, stolen, or unreadable INS document.
(viii) The document is one of the following: an INS Form I-181b notification letter issued in connection with an INS Form I-181 Memorandum of Creation of Record of Permanent Residence, an Arrival-Departure Record (INS Form I-94) or a foreign passport stamped "PROCESSED FOR I-551, TEMPORARY EVIDENCE OF LAWFUL PERMANENT RESIDENCE" that INS issued more than one year before the date of application for benefits from the UEF or SIF.
(5) Where verification through the SAVE system is not available, if the documents presented do not on their face reasonably appear to be genuine or to relate to the individual presenting them, the government entity that originally issued the document should be contacted for verification. With regard to naturalized citizens and derivative citizens presenting certificates of citizenship and aliens, the INS is the appropriate government entity to contact for verification. The UEF or SIF should request verification by the INS by filing INS Form G-845 with copies of the pertinent documents provided by the applicant with the local INS office. If the applicant has lost his her original documents, or presents expired documents or is unable to present any documentation evidencing his or her immigration status, the applicant should be referred to the local INS office to obtain documentation.
(6) If the INS advises that the applicant has citizenship status or immigration status which makes him or her a qualified alien under the PRWORA, the INS verification should be accepted. If the INS advises that it cannot verify that the applicant has citizenship status or an immigration status that makes him or her a qualified alien, benefits shall be denied and the applicant notified of his or her rights to appeal the denial of benefits.
(7) Provided that the alien has completed and signed Form UEF-1 under penalty of perjury, eligibility for UEF or SIF benefits shall not be delayed, denied, reduced or terminated while the status of the alien is verified.
(f) Pursuant to Section 432(d) of the PRWORA (8 U.S.C. s 1642(d)), the UEF or SIF shall assure that a nonprofit charitable organization that provides federal, state, or local public benefits shall not be required to determine, verify, or otherwise require proof of eligibility of any applicant or beneficiary with respect to his or her immigration status or alienage.
(g) Pursuant to Section 434 of the PRWORA (8 U.S.C. s 1644), where the UEF or SIF reasonably believes that an alien is unlawfully in the State based on the failure of the alien to provide reasonable evidence of the alien's declared status, after an opportunity to do so, said alien shall be reported to the Immigration and Naturalization Service.
(h) Nothing in this section shall be construed to withdraw eligibility for medical treatment required for an emergency medical condition under Section 411(b) of the PRWORA (8 U.S.C. s 1621(b(1)).
(i) Any applicant who is denied benefits, or whose benefits are terminated, pursuant to subsections (b) and (e), may file a Request for Administrative Review of benefit determination with the UEF Manager within 20 days of service of the notice of denial or termination of benefits from the UEF or SIF. The Request for Administrative Review shall be verified under penalty of perjury with proof of service on all parties, and shall provide a statement of reasons, as well as any relevant evidence, explaining why the determination of the UEF or SIF was in error.
(j) Upon receipt of the Request for Administrative Review, the UEF Manager shall informally reconsider the determination and shall issue a decision granting or denying the request within 45 days. A Request for Administrative Review as provided in subsection (i) shall be a prerequisite to the filing of a petition before the Workers' Compensation Appeals Board pursuant to subsection (k).
(k) Any applicant aggrieved by a decision of the UEF Manager on a Request for Administrative Review of benefit determination may file, within 20 days of service of the decision, a petition for relief before the Workers' Compensation Appeals Board. The petition shall be filed at the appeals board office that is designated for applications for adjudication of claim pursuant to Labor Code Section 5501.5., and shall be assigned to a workers' compensation judge for hearing and determination of the issues raised. A party aggrieved by the determination of the workers' compensation judge may seek relief from the determination in the same manner as specified for petitions for reconsideration pursuant to Labor Code Section 5900.


Note: Authority cited: Sections 54, 55, 59, 3702.10, 3716, 3716.1, 3716.2 and 4751, Labor Code. Reference: Sections 1621, 1641 and 1642, Title 8, United States Code; and Sections 3716, 3716.1, 3716.2, 4750-4755 and 5501.5, Labor Code.







s 15741. Statement of Citizenship, Alienage, and Immigration Status for State Public Benefits, Form UEF-1.
STATE OF CALIFORNIA DEPARTMENT OF INDUSTRAIL RELATIONS UNINSURED EMPLOYERS FUND-SUBSEQUENT INJURIES FUND
STATEMENT OF CITIZENSHIP, ALIENAGE, AND IMMIGRATION STATUS FOR STATE PUBLIC BENEFITS

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Name of Applicant (the person seeking Uninsured Employers Fund Date
or Subsequent Injuries Fund benefits)
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Name of Person Acting for Applicant, if any Relationship to
Applicant
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STATE PUBLIC BENEFITS TO CITIZENS AND ALIENS
Citizens and nationals of the United States who meet all eligibility requirements may receive Uninsured Employers Fund or Subsequent Injuries Fund benefits and must fill out Sections A and D.
Aliens who meet all eligibility requirements may also receive Uninsured Employers Fund or Subsequent Injuries Fund benefits and must complete S ections A, B, C and D of this form.
SECTION A: CITIZENSHIP/IMMIGRATION STATUS DECLARATION
1. Is the applicant a citizen or national of the United States? Yes[ ] No[ ]
If the answer to the above question is yes, where was he/she born? __________ __________
(State or Country)
2. To establish citizenship or nationality, please submit one of the documents on List A (attached to this form) which is legible and unaltered to establish proof.
IF YOU ARE A CITIZEN OR NATIONAL OF THE UNITED STATES, GO DIRECTLY TO SECTION D. IF YOU ARE AN ALIEN, PLEASE COMPLETE SECTION B, AND, IF NECESSARY, SECTION C.
SECTION B: ALIEN STATUS DECLARATION
IMPORTANT: Please indicate the applicant's alien status below, and submit documents evidencing such status. The alien status documents listed for each category are the most commonly used documents that the United States Immigration and Naturalization Service (INS) provides to aliens in those categories. You can provide other acceptable evidence of your alien status even if not listed below. Where authorized by the INS, the documents you provide will be submitted to the INS for verification through the Systematic Alien Verification for Entitlements ( "SAVE") system. Should verification through the "SAVE" system be unavailable, the validity of the documents you provide may be verified directly with the issuing government agency.
1. An alien lawfully admitted for permanent residence under the Immigration and Naturalization Act (INA). (Evidence includes: [ ]
w INS Form I-1551 (Alien Registration Receipt Card, commonly known as a "green card"); or
w Unexpired Temporary I-551 stamp in foreign passport or on INS Form I-94).
2. An alien who is granted asylum under section 208 of the INA. (Evidence includes: [ ]
w INS Form I-94 annotated with stamp showing grant of asylum under section 208 of the INA;
w INS Form I-688B (Employment Authorization Card) annotated "274a.12(a)(5)";
w INS Form I-766 (Employment Authorization Document) annotated "A5";
w Grant letter from the Asylum Office of INS; or
w Order of an immigration judge granting asylum.)
3. A refugee admitted to the United States under section 207 of the INA. (Evidence includes: [ ]
w INS Form I-94 annotated with stamp showing admission under s207 of the INA;
w INS Form I-688B (Employment Authorization Card) annotated "274a.12(a)(3)";
w INS Form I-766 (Employment Authorization Document) annotated "A3"; or
w INS Form I-571 (Refugee Travel Document).
4. An alien paroled into the United States for at least one year under section 212(d)(5) of the INA. (Evidence includes: [ ]
w INS Form I-94 with stamp showing admission for at least one year under section 212(d)(5) of the INA. (Applicant cannot aggregate periods of admission for less than one year to meet the one-year requirement.)
5. An alien whose deportation is being withheld under section 243(h) of the INA (as in effect immediately prior to September 30, 1996) or Section 241(b)(3) of such Act (as amended by section 305(a) of division C of Public Law 104-208). (Evidence includes: [ ]
w INS Form I-688B (Employment Authorization Card) annotated "274a.12(a)(10)";
w INS Form I-766 (Employment Authorization Document) annotated "A10"; or
w Order from an immigration judge showing deportation withheld under s243(h) of the INA as in effect prior to April 1, 1997, or removal withheld under s241(b)(3) of the INA.)
6. An alien who is granted conditional entry under section 203(a)(7) of the INA as in effect prior to April 1, 1980. (Evidence includes: [ ]
w INS Form I-94 with stamp showing admission under s203(a)(7) of the INA;
w INS Form I-688B (Employment Authorization Card) annotated "274a.12(a)(3)"; or
w INS Form I-766 (Employment Authorization Document) annotated "A3").
7. An alien who is a Cuban or Haitian entrant (as defined in section 501(e) of the Refugee Education Assistance Act of 1980). (Evidence includes: [ ]
w INS Form I-551 (Alien Registration Receipt Card, commonly known as a "green card") with the code CU6, CU7, or CH6;
w Unexpired temporary I-551 stamp in foreign passport or on INS Form I-94 with the code CU6 or CU7; or
w INS Form I-94 with stamp showing parole as "Cuba/Haitian Entrant" under Section 212(d)(5) of the INA.)
8. An alien paroled into the United States for less than one year under section 212(d)(5) of the INA. (Evidence includes INS Form I-94 showing this status.) [ ]
9. An alien not in categories 1 through 8 who has been admitted to the United States for a limited period of time (a non-immigrant). Non-immigrants are persons who have temporary status for a specific purpose. (Evidence includes INS Form I-94 showing this status.) [ ]
SECTION C: DECLARATION FOR BATTERED ALIENS
IMPORTANT: Complete this section if the applicant, the applicant's child or the applicant child's parent has been battered or subjected to extreme cruelty in the United States.
1. Has the INS or the EOIR granted a petition or application filed by or on behalf of the applicant, the applicant's child, or the applicant's child's parent under the INA or found that a pending petition sets forth a prima facie case? Evidence includes one of the documents on List B (attached hereto) [ ]
2. Has the applicant, the applicant's child, or the applicant child's parent been battered or subjected to extreme cruelty in the United States by a spouse or parent, or by a spouse's or parent's family member living in the same house (where the spouse or parent consented to, or acquiesced in the battery or cruelty)? [ ]
SECTION D:
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE ANSWERS I HAVE GIVEN ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE.
Applicant's Signature: __________ __________Date: __________
Signature of Person Acting for Applicant: __________ __________ Date: __________
LIST "A"
(For Applicants for Uninsured Employers Fund or Subsequent Injuries Fund benefits who are citizens or nationals of the United States.)
A. Primary Evidence

w A birth certificate showing birth in one of the 50 States, the District of Columbia, Puerto Rico (on or after January 13, 1941), Guam, the U.S. Virgin Islands (on or after January 17, 1917), American Samoa, Swain's Island or the Northern Mariana Islands, unless the person was born to foreign diplomats residing in the U.S.
Note: If the document shows that the individual was born in Puerto Rico, the U.S. Virgin Islands or the Northern Mariana Islands before these areas became part of the U.S., the individual may be a collectively naturalized citizen-(see Paragraph C below).
w United States passport (except limited passports, which are issued for periods of less than five years);
w Report of birth abroad of a U.S. citizen (FS-240) (issued by the Department of State to U.S. citizens);
w Certificate of birth (FS-545) (issued by a foreign service post) or Certification of Report of Birth (DS-1350) (issued by the Department of State), copies of which are available from the Department of State;

w Certificate of Naturalization (N-550 or N-570) (issued by the INS through a Federal or State court, or through administrative naturalization after December 1990 to individuals who are individually naturalized; the N-570 is a replacement certificate issued when the N-550 has been lost or mutilated or the individual's name has been changed);
w Certificate of Citizenship (N-560 or N-561) (issued by the INS to individuals who derive U.S. citizenship through a parent; the N-561 is a replacement certificate issued when the N-560 has been lost or mutilated or the individual's name has been changed);
w United States Citizen Identification Card (I-197) (issued by the INS until April 7, 1983 to U.S. citizens living near the Canadian or Mexican border who needed it for frequent border crossings) (formerly Form I-179, last issued in February 1974);
w Northern Mariana Identification Card (issued by the INS to a collectively naturalized citizen of the U.S. who was born in the Northern Mariana Islands before November 3, 1986);
w Statement provided by a U.S. consular officer certifying that the individual is a U.S. citizen (this is given to an individual born outside the U.S. who derives citizenship through a parent but does not have an FS-240, FS-545 or DS-1350); or
w American Indian Card with a classification code "KIC" and a statement on the back (identifying U.S. citizen members of the Texas Band of Kickapoos living near the U.S./Mexican border).
B. Secondary Evidence
If the applicant cannot present one of the documents listed in A above, the following may be relied upon to establish U.S. citizenship or nationality:
w Religious record recorded in one of the 50 States, the District of Columbia, Puerto Rico (on or after January 13, 1941), Guam, the U.S. Virgin Islands (on or after January 17, 1917)), American Samoa, Swain's Island or the Northern Mariana Islands (unless the person was born to foreign diplomats residing in such a jurisdiction) within three months after birth showing that the birth occurred in such jurisdiction and the date of birth or the individual's age at the time the record was made;

w Evidence of civil service employment by the U.S. government before June 1, 1976;
w Early school records (preferably from the first school) showing the date of admission to the school, the child's date and place of birth, and the name(s) and place(s) of birth of the parent(s);
w Census record showing name, U.S. citizenship or a U.S. place of birth, and date of birth or age of applicant;
w Adoption Finalization Papers showing the child's name and place of birth in one of the 50 States, the District of Columbia, Puerto Rico (on or after January 13, 1941), Guam, the U.S. Virgin Islands (on or after January 17, 1917), American Samoa, Swain's Island or the Northern Mariana Islands (unless the person was born to foreign diplomats residing in such a jurisdiction) or, where or adoption is not finalized and the State or other jurisdiction listed above in which the child was born will not release a birth certificate prior to final adoption, a statement from a state-approved adoption agency showing the child's name and place of birth in one of such jurisdictions (NOTE: the source of the information must be an original birth certificate and must be indicated in the statement); or

w Any other document that establishes a U.S. place of birth or in some way indicates U.S. citizenship (e.g., a contemporaneous hospital record of birth in that hospital in one of the 50 States, the District of Columbia, Puerto Rico (on or after January 13, 1941), Guam, the U.S. Virgin Islands (on or after January 17, 1917), American Samoa, Swain's Island or the Northern Mariana Islands (unless the person was born to foreign diplomats residing in such a jurisdiction).
C. Collective Naturalization
If the applicant cannot present one of the documents listed in A or B above, the following will establish U.S. citizenship for collectively naturalized individuals:
Puerto Rico:
w Evidence of birth in Puerto Rico on or after April 11, 1899 and the applicant's statement that he or she was residing in the U.S., a U.S. possession or Puerto Rico on January 13, 1941; or

w Evidence that the applicant was a Puerto Rican citizen and the applicant's statement that he or she was residing in Puerto Rico on March 1, 1917 and that he or she did not take an oath of allegiance to Spain.
U.S. Virgin Islands:
w Evidence of birth in the Virgin Islands, and the applicant's statement of residence in the U.S., a U.S. possession or the U.S. Virgin Islands on February 25, 1927;
w The applicant's statement indicating resident in the U.S. Virgin Islands as a Danish citizen on January 17, 1917 and residence in the U.S., a U.S. possession or the U.S. Virgin Islands on February 25, 1927, and that he or she did not make a declaration to maintain Danish citizenship; or
w Evidence of birth in the U.S. Virgin Islands and the applicant's statement indicating residence in the U.S., a U.S. possession or territory or the Canal Zone on June 28, 1932.
Northern Mariana Islands (NMI) (formerly part of the Trust Territory of the Pacific Islands (TTPI)):

w Evidence of birth in the NMI, TTPI citizenship and residence in the NMI, the U.S., or a U.S. territory or possession on November 3, 1986 (NMI local time) and the applicant's statement that he or she did not owe allegiance to a foreign state on November 4, 1986 (NMI local time);
w Evidence of TTPI citizenship, continuous residence in the NMI since before November 3, 1981 (NMI local time), voter registration prior to January 1, 1975 and the applicant's statement that he or she did not owe allegiance to a foreign state on November 4, 1986 (NMI local time); or
w Evidence of continuous domicile in the NMI since before January 1, 1974 and the applicant's statement that he or she did not owe allegiance to a foreign state on November 4, 1986 (NMI local time). Note: If a person entered the NMI as a nonimmigrant and lived in the NMI since January 1, 1974, this does not constitute continuous domicile and the individual is not a U.S. citizen.
D. Derivative Citizenship
If the applicant cannot present one of the documents listed in A or B above, you should make a determination of derivative U.S. citizenship in the following situations:
Applicant born abroad to two U.S. citizen parents:
w Evidence of the U.S. citizenship of the parents and the relationship of the applicant to the parents, and evidence that at least one parent resided in the U.S. or an outlying possession prior to the applicant's birth.
Applicant born abroad to a U.S. citizen parent and a U.S. non-citizen national parent:
w Evidence that one parent is a U.S. citizen and that the other is a U.S. non-citizen national, evidence of the relationship of the applicant to the U.S. citizen parent, and evidence that the U.S. citizen parent resided in the U.S., a U.S. possession, American Samoa or Swain's Island for a period of at least one year prior to the applicant's birth.
Applicant born out of wedlock abroad to a U.S. citizen mother:
w Evidence of the U.S. citizenship of the mother, evidence of the relationship to the applicant and, for births on or before December 24, 1952, evidence that the mother resided in the U.S. prior to the applicant's birth or, for births after December 24, 1952, evidence that the mother had resided, prior to the child's birth, in the U.S. or a U.S. possession for a period of one year.
Applicant born in the Canal Zone or the Republic of Panama:
w A birth certificate showing birth in the Canal Zone on or after February 26, 1904 and before October 1, 1979 and evidence that one parent was a U.S. citizen at the time of the applicant's birth; or
w A birth certificate showing birth in the Republic of Panama on or after February 26, 1904 and before October 1, 1979 and evidence that at least one parent was a U.S. citizen and employed by the U.S. government or the Panama Railroad Company or its successor in title.
All other situations where an applicant claims to have a U.S. citizen parent and an alien parent, or claims to fall within one of the above categories but is unable to present the listed documentation:
w If the applicant is in the U.S., refer him or her to the local INS office for determination of U.S. citizenship;

w If the applicant is outside the U.S., refer him or her to the State Department for a U.S. citizenship determination.
E. Adoption of Foreign-Born Child by U.S. Citizen
w If the birth certificate shows a foreign place of birth and the applicant cannot be determined to be a naturalized citizen under any of the above criteria, obtain other evidence of U.S. citizenship;
w Since foreign-born adopted children do not automatically acquire U.S. citizenship by virtue of adoption by U.S. citizens, refer the applicant to the local INS district office for a determination of U.S. citizenship if the applicant provides no evidence of U.S. citizenship.
F. U.S. Citizenship by Marriage
A women acquired U.S. citizenship through marriage to a U.S. citizen before September 22, 1922. Ask for: Evidence of U.S. citizenship of the husband, and evidence showing the marriage occurred before September 22, 1922.

Note: If the husband was an alien at the time of the marriage, and became naturalized before September 22, 1922, the wife also acquired naturalized citizenship. If the marriage terminated, the wife maintained her U.S. citizenship if she was residing in the U.S. at that time and continued to reside in the U.S.
LIST "B"
(For Applicants for Uninsured Employers Fund or Subsequent Injuries Fund benefits who are citizens or nationals of the United States.)
A. Documentation Evidencing an Appproved Petition or Application
w INS Form I-551 ( "Resident Alien Card" or "Alien Registration Receipt Card", commonly known as a "green card") with one of the following INS class of admission ( "COA") codes printed on the front of a white card or the back of a pink card: AR1, AR6, C20 through C29, CF1, CF2, CR1, CR2, CR6, CR7, CX1 through CX3, CX6 through CX8, F20 through F29, FX1 through FX3, FX6 through FX8, IF1, IF2, IR1 through IR4, IR6 through IR9, IW1, IW2, IW6, IW7, MR6, MR7, P21 through P23, or P26 through P28.

If an alien claiming approved status presents a code different than those enumerated, or if you cannot determine the class of admission from the I-551 stamp, you should file INS Form G-845, and the G-845 Supplement (mark item six on the Supplement) (attached hereto) along with a copy of the document(s) presented, with the local INS office in order to determine whether the applicant gained his or her status because he or she was the spouse, widow, or child of a U.S. citizen or the spouse, child, or unmarried son or daughter of an lawful permanent resident.
w INS Form I-551 with one of the following COA codes stamped on the lower left side of the back of a pink card: IB1 through IB3, IB6 through IB8, B11, B12, B16, B17, B20 through B29, B31 through B33, B36 through B38, BX1 through BX3, or BX6 through BX8.
w INS Form I-551 with COA code Z13.
w Unexpired Temporary I-551 stamp in foreign passport or on INS Form I-94 with one of the COA codes specified in the Subsections (1)-(3), above.
w INS Form I-797 indicating approval of an INS I-130 petition (only I-130 petitions describing the following relationships may be accepted: husbands or wives of U.S. citizens or LPRs, unmarried children under 21 years old of U.S. citizens or LPRs, or unmarried children 21 or older of LPRs), or approval of an I-360 petition (only I-360 approvals based on status as a widow/widower of a U.S. citizen or as a self-petitioning spouse or child of an abusive U.S. citizen or LPR may be accepted).
w A final order of an Immigration Judge or the Board of Immigration Appeals granting suspension of deportation under section 244(a)(3) of the INA as in effect prior to April 1, 1997, or cancellation of removal under section 240A(b)(2) of the INA.
B. Documentation Demonstrating that the Applicant has Established a Prima Facie Case
w INS Form I-797 indicating that the applicant has established a prima facie case; or
w An immigration court or Board of Immigration Appeals order indicating that the applicant has established a prima facie case for suspension of deportation under INA section 244(a)(3) as in effect prior to April 1, 1997, or cancellation of removal under section 240A(b)(2) of the INA.

C. Documentation Indicating that the Applicant has Filed a Petition or that a Petition has been Filed on the Applicant's Behalf, as Applicable, but with no Evidence of Approval of the Petition or Establishment of a Prima Facie Case
The benefit provider shall determine from the documentation when the petition was filed and take the actions set forth below:
w Applicants with petitions filed before June 7, 1997 should have an INS Form I-797 indicating filing of the I-360 petition by "self-petitioning spouse [or child] of abusive U.S.C. or LPR," a file-stamped copy of the petition, or another document demonstrating filing (including a cash register or computer-generated receipt indicating filing of Form I-360).
w Applicants with petitions filed after June 7, 1997 should have an INS Form I-797 indicating filing of the I-360 petition.
D. Documentation Indicating that the Applicant has filed a Petition or that a Petition was filed on His or Her Behalf, as Applicable
The following must indicate that the applicant is the widow/widower of a U.S. citizen, the husband or wife of a U.S. Citizen or LPR, the unmarried child under age 21 of a U.S. citizen or LPR, or the unmarried child age 21 or older of an LPR):
w For aliens on whose behalf a petition has been filed: INS Form I-797 indicating filing of an INS I-130 petition, a file-stamped copy of the petition, or another document demonstrating filing (including a cash register or computer-generated receipt indicating filing of Form I-130) (a sample copy of Form I-130 is attached to this Exhibit).
w For self-petitioning widows or widowers: a file-stamped copy of the INS I-360 petition, or another document demonstrating filing (including a cash register or computer-generated receipt indicating filing of Form I-360).
E. Documentation Indicating that the INS has Initiated Deportation or Removal Proceedings in which Relief may be Available
w an "Order to Show Cause";
w a "Notice to Appear"; or

w a "Notice of Hearing in Deportation Proceedings."
F. Minimal or no Documentation Regarding the Claimed Filing
If the applicant has some documentation, but it is insufficient to demonstrate filing, establishment of prima facie case or approval of a petition, you should fax the INS Request Form on your agency letterhead, as well as a copy of any document(s) provided by the applicant, to the INS Vermont Service Center in order to determine the applicant's status. If the applicant has no documentation, but is certain that a petition has been filed by his or her spouse or parent, you should fax the INS Request Form to the INS Vermont Service Center.


Note: Authority cited: Sections 54, 55, 59, 3702.10, 3716, 3716.1, 3716.2 and 4751, Labor Code. Reference: Sections 1621, 1641 and 1642, Title 8, United States Code; and Sections 3716, 3716.1, 3716.2 and 4750-4755, Labor Code.




















s 15800. Definitions.
(a) "Director" means Director of the Department of Industrial Relations.
(b) "Service" means the State Conciliation Service of the Department of Industrial Relations.
(c) "District" means the Alameda-Contra Costa Transit District, the Fresno Metropolitan Transit District, the Greater Bakersfield Metropolitan Transit District, the Marin County Transit District, the North San Diego County Transit Development Board, the Orange County Transit District, the Sacramento Regional Transit District, the San Diego County Transit District, the San Diego Metropolitan Transit Development Board, the San Francisco Bay Area Transit District, the San Mateo County Transit District, the Santa Barbara Metropolitan Transit District, the Santa Clara County Transit District, the So. California Rapid Transit District, the Stockton Metropolitan Transit District, and the West Bay Rapid Transit Authority, as the case may be.
(d) "Law" means the Alameda-Contra Costa "Transit District Law" of 1955, Part I, Division 10, Public Utilities Code Original Act, Chapter 1936, Stats. 1955, as amended; Fresno Metropolitan Transit District Act of 1961, Stats. 1975, Chapter 1335; Greater Bakersfield Metropolitan Transit District Act, Stats. 1971, Chapter 1161; Marin County Transit District Act, Stats. 1964, Chapter 92; North San Diego County Transit Development Board Act, Stats. 1975, Chapter 1188; Orange County Transit District Act of 1965, Stats. 1965, Chapter 1899, as amended; Sacramento Regional Transit District Act, Stats. 1971, Chapter 1374, as amended; San Diego County Transit District Act, Stats. 1965, Chapter 2039; San Diego Metropolitan Transit Development Act, Stats. 1975, Chapter 294, as amended; San Francisco Bay Area Transit District Act, Stats. 1957, Chapter 1056; San Mateo County Transit District Act, Stats. 1974, Chapter 502; Santa Barbara Metropolitan Transit District Act of 1965, Stats. 1965, Chapter 1835; Santa Clara County Transit District Act, Stats. 1969, Chapter 180, as amended; So. California Rapid Transit District Law, Stats. 1964, Chapter 62; Stockton Metropolitan Transit District Act of 1963, Stats 1963, Chapter 839; and West Bay Rapid Transit Authority Act, Stats. 1964, Chapter 104.
(e) "Hearing officer" means a hearing officer appointed by the Director of the Department of Industrial Relations.




Note: Authority and reference cited: Section 54, Labor Code; and Sections 4.4, 13.91, 25052, 28851, 30751, 40122, 50121, 70122, 90300b, 95651, 100301, 101344, 102403, 103401, 120505 and 125521, Public Utilities Code. Additional reference: Labor-Management Relations Act, 1947, Section 9, 29 USC Section 159; 29 CFR Sections 102.60-102.72.









s 15805. Petition for Certification.
(a) The investigation of a question concerning representation of employees shall be initiated by the filing of a petition with the service at the nearest office of the service. The service presently maintains offices in San Francisco, Los Angeles, Fresno and San Diego. Such petition shall be called a petition for certification and is a petition which would arise under paragraph (1)(A)(i) and (1)(B) of Section 9C of the Labor-Management Relations Act. It may be filed by any employee or group of employees or any individual or labor organization acting on their behalf and claiming to represent a majority of the employees in an appropriate unit or by a district.
In the event any petition seeks to include employees covered in whole or in part by an existing collective bargaining agreement between the district and any labor organization, such petition in order to be considered timely must be filed within the period 120 to 90 days, inclusive, prior to the date such collective bargaining agreement is subject to termination, amendment or modification.
(b) Petition fo Decertification. The investigation of a question concerning representation, alleging an individual or labor organization which has been certified or is being currently recognized as the bargaining representative is no longer such representative shall be called a petition for decertification and is one of the type which would arise under paragraph (1)(A)(ii) of Section 9(c) of the Labor-Management Relations Act. It may be filed by any employee or group of employees or any individual or labor organization acting on their behalf and shall be filed with the service as set forth in (a). (continued)