D.C. Mun. Regs. tit. 7, r. 7-103

Current through Register 71, No. 45, November 7, 2024
Rule 7-103 - INFORMATION IN PROGRAM RECORDS
103.1

All records relating to claims for benefits, including copies of such records maintained by an Employing Agency, are considered confidential and may not be released, inspected, copied, or otherwise disclosed except as permitted by the Freedom of Information Act (D.C. Official Code §§ 2-531 et seq. (2012 Repl.)), and in accordance with a signed Form 6, Employee Authorization for Release of PSWCP Records.

(a) Charges for services rendered under this section shall be governed under 1 DCMR § 408.
(b) This section shall not apply to a claimant's or claimant's representative's request for files. 1
103.2

A claimant or claimant's representative seeking copies of or an appointment to review his or her official PSWCP file shall complete and submit Form 7 to the Program. A claimant seeking copies of PSWCP-related documents in the custody of the Employing Agency should follow the procedures established by that agency.

103.3

The Program shall provide the claimant with access to his or her Program file at a mutually convenient time within five (5) business days after a request for copies or to review the file is made. The claimant shall be entitled to one (1) set of copies of the documents in the file in electronic format or hard copy. Additional electronic or hard copies of documents in the file that have already been provided shall be provided at the cost of five cents (5¢) per page.

103.4

While an employing agency may establish procedures that an injured employee or beneficiary should follow in requesting access to documents it maintains, any decision issued in response to such a request must comply with the rules contained in § 103 of this chapter.

103.5

No employing agency has the authority to issue determinations with respect to requests for the correction or amendment of records contained in or covered by the Program. That authority is within the exclusive control of the Program. Thus, any request for correction or amendment received by an employing agency must be referred to the Program for review and decision.

D.C. Mun. Regs. tit. 7, r. 7-103

Notice of Final Rulemaking published at 28 DCR 2307 (May 22, 1981); as amended by a Notice of Emergency and Proposed Rulemaking published at 57 DCR 9540 (October 8, 2010)[EXPIRED]; as amended by a Notice of Final Rulemaking published at 57 DCR 12224, 12225 (December 24, 2010); repealed and replaced by Final Rulemaking published at 59 DCR 8766, 8767 (July 27, 2012); amended by Final Rulemaking published at 64 DCR 6325 (7/7/2017); amended by Final Rulemaking published at 66 DCR 4246 (4/5/2019)
Authority: Chief Risk Officer of the Office of Risk Management (ORM), Executive Office of the Mayor, pursuant to the authority set forth in section 2344 of the District of Columbia Government Merit Personnel Act of 1978 (CMPA), effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-623.44 (2012 Supp.)); section 7 of Reorganization Plan No. 1 of 2003 for the Office of Risk Management, effective December 15, 2003; and Mayor's Order 2004-198, effective December 14, 2004