reglab/statecodes huggingface dataset:
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 5 - Temporary Variances › Section 6450.

6450. (a) Any employer may apply to the division for a temporary order granting a variance from an occupational safety or health standard. Such temporary order shall be granted only if the employer files an application which meets the requirements of Section 6451, and establishes that (1) he is unable to comply with a standard by its effective date because of unavailability of professional or technical personnel or of materials and equipment needed to come into compliance with the standard or because necessary construction or alteration of facilities cannot be completed by the effective date, (2) he is taking all available steps to safeguard his employees against the hazards covered by the standard, and (3) he has an effective program for coming into compliance with the standard as quickly as practicable.
(b) Any temporary order issued under this section shall prescribe the practices, means, methods, operations, and processes which the employer must adopt and use while the order is in effect and state in detail his program for coming into compliance with the standard. Such a temporary order may be granted only after notice to employees and an opportunity for a hearing. However, the division may issue one interim order for a temporary variance upon submission of an application showing that the employment or place of employment will be safe for employees pending a hearing on the application for a temporary variance. No temporary order may be in effect for longer than the period needed by the employer to achieve compliance with the standard or one year, whichever is shorter, except that such an order may be renewed not more than twice provided that the requirements of this section are met and an application for renewal is filed prior to the expiration date of the order. No single renewal of an order may remain in effect for longer than 180 days.
(Added by Stats. 1973, Ch. 993.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 5 - Temporary Variances › Section 6451.

6451. An application for a temporary order under Section 6450 shall contain all of the following:
(a) A specification of the standard or portion thereof from which the employer seeks a variance.
(b) A representation by the employer, supported by representations from qualified persons having firsthand knowledge of the facts represented, that he is unable to comply with the standard or portion thereof and a detailed statement of the reasons therefor.
(c) A statement of the steps he has taken and will take, with specific dates, to protect employees against the hazard covered by the standard.
(d) A statement of when he expects to be able to comply with the standard and what steps he has taken and what steps he will take, with dates specified, to come into compliance with the standard.
(e) A certification that he has informed his employees of the application by giving a copy thereof to their authorized representative, posting a statement giving a summary of the application and specifying where a copy may be examined at the place or places where notices to employees are normally posted, and by other appropriate means. A description of how employees have been informed shall be contained in the certification. The information to employees shall also inform them of their right to petition the division for a hearing.
(Added by Stats. 1973, Ch. 993.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 5 - Temporary Variances › Section 6452.

6452. The division is authorized to grant a temporary variance from any standard or portion thereof whenever it determines such variance is necessary to permit an employer to participate in an experiment approved by the director designed to demonstrate or validate new and improved techniques to safeguard the health or safety of workers.
(Added by Stats. 1973, Ch. 993.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 5 - Temporary Variances › Section 6454.

6454. The division may, in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, make such rules and regulations as are reasonably necessary to carry out the provisions of this chapter and to establish rules and regulations relating to the granting or denial of temporary variances.
(Amended by Stats. 1983, Ch. 142, Sec. 116.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 5 - Temporary Variances › Section 6455.

6455. Any employer or other person adversely affected by the granting or denial of a temporary variance may appeal to the standards board within 15 working days from receipt of the notice granting or denying the variance. The 15-day period may be extended by the standards board for good cause.
(Added by Stats. 1973, Ch. 993.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 5 - Temporary Variances › Section 6456.

6456. A decision of the standards board on a variance appeal is binding on the director and the division with respect to the parties involved in the particular appeal. The director shall have the right to seek judicial review of a standards board decision irrespective of whether he appeared or participated in the appeal to the standards board.
(Added by Stats. 1973, Ch. 993.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 5 - Temporary Variances › Section 6457.

6457. The standards board shall conduct hearings and render decisions on appeals of decisions of the division relating to allowance or denial of temporary variances. All board decisions on such variance appeals shall be in writing and shall be final except for any rehearing or judicial review.
(Added by Stats. 1973, Ch. 993.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 6 - Permit Requirements › Section 6500.

6500. (a) For those employments or places of employment that by their nature involve a substantial risk of injury, the division shall require the issuance of a permit prior to the initiation of any practices, work, method, operation, or process of employment. The permit requirement of this section is limited to employment or places of employment that are any of the following:
(1) Construction of trenches or excavations that are five feet or deeper and into which a person is required to descend.
(2) The construction of any building, structure, falsework, or scaffolding more than three stories high or the equivalent height.
(3) The demolition of any building, structure, falsework, or scaffold more than three stories high or the equivalent height.
(4) The underground use of diesel engines in work in mines and tunnels.
This subdivision does not apply to motion picture, television, or theater stages or sets, including, but not limited to, scenery, props, backdrops, flats, greenbeds, and grids.
(b) On or after January 1, 2000, this subdivision shall apply to motion picture, television, or theater stages or sets, if there has occurred within any one prior calendar year in any combination at separate locations three serious injuries, fatalities, or serious violations related to the construction or demolition of sets more than 36 feet in height for the motion picture, television, and theatrical production industry.
An annual permit shall be required for employers who construct or dismantle motion picture, television, or theater stages or sets that are more than three stories or the equivalent height. A single permit shall be required under this subdivision for each employer, regardless of the number of locations where the stages or sets are located. An employer with a currently valid annual permit issued under this subdivision shall not be required to provide notice to the division prior to commencement of any work activity authorized by the permit. The division may adopt procedures to permit employers to renew by mail the permits issued under this subdivision. For purposes of this subdivision, “motion picture, television, or theater stages or sets” include, but are not limited to, scenery, props, backdrops, flats, greenbeds, and grids.
(Amended by Stats. 1997, Ch. 17, Sec. 92. Effective January 1, 1998.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 6 - Permit Requirements › Section 6501.

6501. Any employer subject to Section 6500 shall apply to the division for a permit pursuant to Section 6500. Such application for a permit shall contain such information as the division may deem necessary to evaluate the safety of the proposed employment or place of employment.
An application by an employer shall include a provision that the applicant has knowledge of applicable occupational safety and health standards and will comply with such standards and any other lawful order of the division.
(Repealed and added by Stats. 1973, Ch. 993.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 6 - Permit Requirements › Section 6501.7.

6501.7. “Asbestos” means fibrous forms of various hydrated minerals, including chrysotile (fibrous serpentine), crocidolite (fibrous riebecktite), amosite (fibrous cummingtonite—grunerite), fibrous tremolite, fibrous actinolite, and fibrous anthophyllite.
(Added by Stats. 1985, Ch. 1587, Sec. 11. Effective October 2, 1985.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 6 - Permit Requirements › Section 6501.8.

6501.8. (a) For purposes of this chapter, “asbestos-related work” means any activity which by disturbing asbestos-containing construction materials may release asbestos fibers into the air and which is not related to its manufacture, the mining or excavation of asbestos-bearing ore or materials, or the installation or repair of automotive materials containing asbestos.
(b) For purposes of this chapter, “asbestos containing construction material” means any manufactured construction material that contains more than one-tenth of 1 percent asbestos by weight.
(c) For purposes of this chapter, “asbestos-related work” does not include the installation, repair, maintenance, or nondestructive removal of asbestos cement pipe used outside of buildings, if the installation, repair, maintenance, or nondestructive removal of asbestos cement pipe does not result in asbestos exposures to employees in excess of the action level determined in accordance with Sections 1529 and 5208 of Title 8 of the California Code of Regulations, and if the employees and supervisors involved in the operation have received training through a task-specific training program, approved pursuant to Section 9021.9, with written certification of completion of that training by the training entity responsible for the training.
(Amended by Stats. 1993, Ch. 1075, Sec. 1. Effective January 1, 1994.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 6 - Permit Requirements › Section 6501.9.

6501.9. The owner of a commercial or industrial building or structure, employer, or contractor who engages in, or contracts for, asbestos-related work shall make a good faith effort to determine if asbestos is present before the work is begun. The contractor or employer shall first inquire of the owner if asbestos is present in any building or structure built prior to 1978.
(Amended by Stats. 1986, Ch. 1451, Sec. 12. Effective September 30, 1986.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 6 - Permit Requirements › Section 6502.

6502. The division may issue a permit based on a determination the employer has demonstrated evidence that the conditions, practices, means, methods, operations or processes used or proposed to be used will provide a safe and healthful place of employment. The division may issue a single permit for two or more projects to be performed by a single employer if similar conditions exist on each project and the chief or his representative is satisfied an adequate safety program has been developed for all the projects. The division may, upon its motion, conduct any investigation or hearing it deems necessary for the purpose of this section, and may require a safety conference prior to the start of actual work.
(Repealed and added by Stats. 1973, Ch. 993.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 6 - Permit Requirements › Section 6503.

6503. A safety conference shall include representatives of the owner or contracting agency, the contractor, the employer, employees and employee representatives. The safety conference shall include a discussion of the employer’s safety program and such means, methods, devices, processes, practices, conditions or operations as he intends to use in providing safe employment and a safe place of employment.
(Repealed and added by Stats. 1973, Ch. 993.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 6 - Permit Requirements › Section 6503.5.

6503.5. A safety conference shall be held for all asbestos handling jobs prior to the start of actual work. It shall include representatives of the owner or contracting agency, the contractor, the employer, employees, and employee representatives. It shall include a discussion of the employer’s safety program and such means, methods, devices, processes, practices, conditions, or operations as the employer intends to use in providing a safe place of employment.
(Added by Stats. 1985, Ch. 1587, Sec. 13. Effective October 2, 1985.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 6 - Permit Requirements › Section 6504.

6504. Any employer issued a permit pursuant to this chapter shall post a copy or copies of the permit pursuant to subdivision (a) of Section 6408.
(Repealed and added by Stats. 1973, Ch. 993.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 6 - Permit Requirements › Section 6505.

6505. The division may at any time, upon good cause being shown therefor, and after notice and an opportunity to be heard revoke any permit issued pursuant to this chapter.
(Repealed and added by Stats. 1973, Ch. 993.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 6 - Permit Requirements › Section 6505.5.

6505.5. (a) The division may, upon good cause shown, and after notice to the employer or contractor by the division and an opportunity to be heard, revoke or suspend any registration issued to the employer or contractor to do asbestos-related work until certain specified written conditions are met.
(b) Any person who owns a commercial or industrial building or structure, any employer who engages in or contracts for asbestos-related work, any contractor, public agency, or any employee acting for any of the foregoing, who, contracts for, or who begins, asbestos-related work in any commercial or industrial building or structure built prior to 1978 without first determining if asbestos-containing material is present, and thereby fails to comply with the applicable laws and regulations, is subject to one of the following penalties:
(1) For a knowing or negligent violation, a fine of not more than five thousand dollars ($5,000) or imprisonment in the county jail for not more than six months, or both the fine and imprisonment.
(2) For a willful violation which results in death, serious injury or illness, or serious exposure, a fine of not more than ten thousand dollars ($10,000) or imprisonment in the county jail for not more than one year, or both the fine and imprisonment. A second or subsequent conviction under this paragraph may be punishable by a fine of not more than twenty thousand dollars ($20,000) or by imprisonment in the county jail for not more than one year, or by both the fine and imprisonment.
(c) It is a defense to an action for violation of this section if the owner, contractor, employer, public agency, or agent thereof, proves, by a preponderance of the evidence, that he or she made a reasonable effort to determine whether asbestos was present.
(Amended by Stats. 2017, Ch. 28, Sec. 33. (SB 96) Effective June 27, 2017.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 6 - Permit Requirements › Section 6506.

6506. (a) Any employer denied a permit upon application, or whose permit is revoked, may appeal such denial or revocation to the director.
(b) The filing of an appeal to the director from a permit revocation by the division shall not stay the revocation. Upon application by the employer with proper notice to the division, and after an opportunity for the division to respond to the application, the director may issue an order staying the revocation while the appeal is pending.
(Amended by Stats. 1978, Ch. 1222.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 6 - Permit Requirements › Section 6507.

6507. The division shall set fees to be charged for permits and registrations in amounts reasonably necessary to cover the costs involved in administering the permitting and registration programs in this chapter. All permit and registration fees collected under this chapter shall be deposited in the Occupational Safety and Health Fund.
(Amended by Stats. 2016, Ch. 31, Sec. 195. (SB 836) Effective June 27, 2016.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 6 - Permit Requirements › Section 6508.

6508. No permit shall be required of the State of California, a city, city and county, county, district, or public utility subject to the jurisdiction of the Public Utilities Commission.
(Repealed and added by Stats. 1973, Ch. 993.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 6 - Permit Requirements › Section 6508.5.

6508.5. No entity shall be exempt from registration. The State of California, a city, city and county, county, district, or public utility subject to the jurisdiction of the Public Utilities Commission, shall be required to apply for a registration through the designated chief executive officer of that body. No registration fees shall be required of any public agencies.
(Added by Stats. 1985, Ch. 1587, Sec. 15. Effective October 2, 1985.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 6 - Permit Requirements › Section 6509.5.

6509.5. (a) If an asbestos consultant has made an inspection for the purpose of determining the presence of asbestos or the need for related remedial action with knowledge that the report has been required by a person as a condition of making a loan of money secured by the property, or is required by a public entity as a condition of issuing a permit concerning the property, the asbestos consultant or any employee, subsidiary, or any company with common ownership, shall not require, as a condition of performing the inspection, that the consultant also perform any corrective work on the property that was recommended in the report.
(b) This section does not prohibit an asbestos consultant that has contracted to perform corrective work after the report of another company has indicated the presence of asbestos or the need for related remedial action from making its own inspection prior to performing that corrective work or from making an inspection to determine whether the corrective measures were successful and, if not, thereafter performing additional corrective work.
(c) A violation of this section is grounds for disciplinary action against any asbestos consultant who engages in that work pursuant to any license from a state agency.
(d) A violation of this section is a misdemeanor punishable by a fine of not less than three thousand dollars ($3,000) and not more than five thousand dollars ($5,000), or by imprisonment in the county jail for not more than one year, or both.
(e) For the purpose of this section:
(1) “Asbestos consultant” means any person who, for compensation, inspects property to identify asbestos containing materials, determining the risks, or the need for related remedial action.
(2) “Asbestos” has the meaning set forth in Section 6501.7.
(Added by Stats. 1988, Ch. 1491, Sec. 2.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 6 - Permit Requirements › Section 6510.

6510. (a) If, after inspection or investigation, the division finds that an employer, without a valid permit, is engaging in activity for which a permit is required, it may, through its attorneys, apply to the superior court of the county in which such activity is taking place for an injunction restraining such activity.
(b) The application to the superior court, accompanied by an affidavit showing that the employer, without a valid permit, is engaging in activity for which a permit is required, is a sufficient prima facie showing to warrant, in the discretion of the court, the immediate granting of a temporary restraining order. No bond shall be required of the division as a prerequisite to the granting of any restraining order.
(Added by Stats. 1978, Ch. 1222.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 7 - Appeal Proceedings › Section 6600.

6600. Any employer served with a citation or notice pursuant to Section 6317, or a notice of proposed penalty under this part, or any other person obligated to the employer as specified in subdivision (b) of Section 6319, may appeal to the appeals board within 15 working days from the receipt of such citation or such notice with respect to violations alleged by the division, abatement periods, amount of proposed penalties, and the reasonableness of the changes required by the division to abate the condition.
(Amended by Stats. 1976, Ch. 1404.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 7 - Appeal Proceedings › Section 6600.5.

6600.5. Any employer served with a special order or any action order by the division pursuant to Section 6308, or any other person obligated to the employer as specified in subdivision (b) of Section 6319, may appeal to the appeals board within 15 working days from the receipt of the order with respect to the action ordered by the division, abatement periods, the reasonableness of the changes required by the division to abate the condition.
(Added by Stats. 1984, Ch. 1138, Sec. 4.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 7 - Appeal Proceedings › Section 6601.

6601. If within 15 working days from receipt of the citation or notice of civil penalty issued by the division, the employer fails to notify the appeals board that he intends to contest the citation or notice of proposed penalty, and no notice contesting the abatement period is filed by any employee or representative of the employee within such time, the citation or notice of proposed penalty shall be deemed a final order of the appeals board and not subject to review by any court or agency. The 15-day period may be extended by the appeals board for good cause.
(Amended by Stats. 1974, Ch. 1284.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 7 - Appeal Proceedings › Section 6601.5.

6601.5. If, within 15 working days from receipt of a special order, or action order by the division, the employer fails to notify the appeals board that he or she intends to contest the order, and no notice contesting the abatement period is filed by any employee or representative of the employee within that time, the order shall be deemed a final order of the appeals board and not subject to review by any court or agency. The 15-day period may be extended by the appeals board for good cause.
(Added by Stats. 1984, Ch. 1138, Sec. 5.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 7 - Appeal Proceedings › Section 6602.

6602. If an employer notifies the appeals board that they intend to contest a citation issued under Section 6317, or notice of proposed penalty issued under Section 6319, or order issued under Section 6308, or if, within 15 working days of the issuance of a citation or order an employee or representative of an employee files a notice with the division or appeals board alleging that the period of time fixed in the citation or order for the abatement of the violation is unreasonable, the appeals board shall afford an opportunity for a hearing. The appeals board shall thereafter issue a decision, based on findings of fact, affirming, modifying, or vacating the division’s citation, order, or proposed penalty, or directing other appropriate relief. If the division establishes an enterprise-wide violation, the appeals board shall include in its decision an enterprise-wide abatement order.
(Amended by Stats. 2021, Ch. 336, Sec. 7. (SB 606) Effective January 1, 2022.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 7 - Appeal Proceedings › Section 6603.

6603. (a) The rules of practice and procedure adopted by the appeals board shall be consistent with Article 8 (commencing with Section 11435.05) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of, and Sections 11507, 11507.6, 11507.7, 11513, 11514, 11515, and 11516 of, the Government Code, and shall provide affected employees or representatives of affected employees an opportunity to participate as parties to a hearing under Section 6602.
(b) The superior courts shall have jurisdiction over contempt proceedings, as provided in Article 12 (commencing with Section 11455.10) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code.
(Amended by Stats. 1995, Ch. 938, Sec. 78.5. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 7 - Appeal Proceedings › Section 6604.

6604. The appeals board may, in accordance with rules of practice and procedure which it shall adopt, direct and order a hearing officer:
(a) To try the issues in any proceeding before it, whether of fact or of law, and make and file a finding, order, or decision based thereon.
(b) To hold hearings and ascertain facts necessary to enable the appeals board to determine any proceeding or to make any order or decision that the appeals board is authorized to make, or necessary for the information of the appeals board.
(Repealed and added by Stats. 1973, Ch. 993.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 7 - Appeal Proceedings › Section 6605.

6605. The appeals board may appoint one or more hearing officers in any proceeding, as it may deem necessary or advisable, and may defer, remove to itself, or transfer to a hearing officer the proceedings on any appeal. Any hearing officer appointed by the appeals board has the powers, jurisdiction, and authority granted by law, by the order of appointment, and by the rules of the appeals board.
(Added by Stats. 1973, Ch. 993.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 7 - Appeal Proceedings › Section 6606.

6606. Any party to the proceeding may object to the reference of the proceeding to a particular hearing officer upon any one or more of the grounds specified in Section 641 of the Code of Civil Procedure and such objection shall be heard and disposed of by the appeals board. Affidavits may be read and witnesses examined as to such objections.
(Added by Stats. 1973, Ch. 993.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 7 - Appeal Proceedings › Section 6607.

6607. Before entering upon his duties, the hearing officer shall be sworn, before an officer authorized to administer oaths, faithfully and fairly to hear and determine the matters and issues referred to him, to make just findings and to report according to his understanding. In any proceedings under this chapter, the hearing officer shall have the power to administer oaths and affirmations and to certify official acts.
(Added by Stats. 1973, Ch. 993.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 7 - Appeal Proceedings › Section 6608.

6608. The appeals board or a hearing officer shall, within 30 days after the case is submitted, make and file findings upon all facts involved in the appeal and file an order or decision. Together with the findings or the decision, there shall be served upon all the parties to the proceedings a summary of the evidence received and relied upon and the reasons or grounds upon which the decision was made.
(Added by Stats. 1973, Ch. 993.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 7 - Appeal Proceedings › Section 6609.

6609. Within 30 days after the filing of the findings, decision, or order, the appeals board may confirm, adopt, modify or set aside the findings, order, or decision of a hearing officer and may, with or without further proceedings, and with or without notice, enter its order, findings, or decision based upon the record in the case.
(Added by Stats. 1973, Ch. 993.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 7 - Appeal Proceedings › Section 6610.

6610. Any notice, order, or decision required by this part to be served upon any person either before, during, or after the institution of any proceeding before the appeals board, shall be served in the manner provided by Chapter 5 (commencing with Section 1010) of Title 14 of Part 2 of the Code of Civil Procedure, unless otherwise directed by the appeals board. In the latter event the document shall be served in accordance with the order or direction of the appeals board. The appeals board may, in the cases mentioned in the Code of Civil Procedure, order service to be made by publication of notice of time and place of hearing. Where service is ordered to be made by publication the date of the hearing shall be fixed at more than 30 days from the date of filing the application.
(Added by Stats. 1973, Ch. 993.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 7 - Appeal Proceedings › Section 6611.

6611. (a) If the employer fails to appear, the appeals board may dismiss the appeal or may take action upon the employer’s express admissions or upon other evidence, and affidavits may be used without any notice to the employer. Where the burden of proof is upon the employer to establish the appeals board action sought, the appeals board may act without taking evidence. Nothing in this section shall be construed to deprive the employer of the right to make any showing by way of mitigation.
(b) The appeal may be reinstated by the appeals board upon a showing of good cause by the employer for his failure to appear.
(Amended by Stats. 1974, Ch. 1284.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 7 - Appeal Proceedings › Section 6612.

6612. No informality in any proceeding or in the manner of taking testimony shall invalidate any order, decision, or finding made and filed as specified in this division. No order, decision, or finding shall be invalidated because of the admission into the record, and use as proof of any fact in dispute of any evidence not admissible under the common law or statutory rules of evidence and procedure.
(Added by Stats. 1973, Ch. 993.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 7 - Appeal Proceedings › Section 6613.

6613. The appeals board, a hearing officer, or any party to the action or proceeding, may, in any investigation or hearing before the appeals board, cause the deposition of witnesses residing within or without the state to be taken in the manner prescribed by law for like depositions in civil actions in the superior courts of this state under Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure. To that end the attendance of witnesses and the production of records may be required. Depositions may be taken outside the state before any officer authorized to administer oaths. The appeals board or a hearing officer in any proceeding before the appeals board may cause evidence to be taken in other jurisdictions before the agency authorized to hear similar matters in such other jurisdictions.
(Amended by Stats. 2004, Ch. 182, Sec. 48. Effective January 1, 2005. Operative July 1, 2005, by Sec. 64 of Ch. 182.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 7 - Appeal Proceedings › Section 6614.

6614. (a) At any time within 30 days after the service of any final order or decision made and filed by the appeals board or a hearing officer, any party aggrieved directly or indirectly by any final order or decision, made and filed by the appeals board or a hearing officer under any provision contained in this division, may petition the appeals board for reconsideration in respect to any matters determined or covered by the final order or decision and specified in the petition for reconsideration. Such petition shall be made only within the time and in the manner specified in this chapter.
(b) At any time within 30 days after the filing of an order or decision made by a hearing officer and the accompanying report, the appeals board may, on its own motion, grant reconsideration.
(Amended by Stats. 1974, Ch. 1284.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 7 - Appeal Proceedings › Section 6615.

6615. No cause of action arising out of any final order or decision made and filed by the appeals board or a hearing officer shall accrue in any court to any person until and unless the appeals board on its own motion sets aside such final order or decision and removes such proceeding to itself or such person files a petition for reconsideration, and such reconsideration is granted or denied. Nothing herein contained shall prevent the enforcement of any such final order or decision, in the manner provided in this division.
(Added by Stats. 1973, Ch. 993.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 7 - Appeal Proceedings › Section 6616.

6616. The petition for reconsideration shall set forth specifically and in full detail the grounds upon which the petitioner considers the final order or decision made and filed by the appeals board or a hearing officer to be unjust or unlawful, and every issue to be considered by the appeals board. The petition shall be verified upon oath in the manner required for verified pleadings in courts of record and shall contain a general statement of any evidence or other matters upon which the applicant relies in support thereof.
(Added by Stats. 1973, Ch. 993.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 7 - Appeal Proceedings › Section 6617.

6617. The petition for reconsideration may be based upon one or more of the following grounds and no other:
(a) That by such order or decision made and filed by the appeals board or hearing officer, the appeals board acted without or in excess of its powers.
(b) That the order or decision was procured by fraud.
(c) That the evidence does not justify the findings of fact.
(d) That the petitioner has discovered new evidence material to him, which he could not, with reasonable diligence, have discovered and produced at the hearing.
(e) That the findings of fact do not support the order or decision.
(Amended by Stats. 1974, Ch. 1284.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 7 - Appeal Proceedings › Section 6618.

6618. The petitioner for reconsideration shall be deemed to have finally waived all objections, irregularities, and illegalities concerning the matter upon which the reconsideration is sought other than those set forth in the petition for reconsideration.
(Added by Stats. 1973, Ch. 993.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 7 - Appeal Proceedings › Section 6619.

6619. A copy of the petition for reconsideration shall be served forthwith upon all parties by the person petitioning for reconsideration. Any party may file an answer thereto within 30 days thereafter. Such answer shall likewise be verified. The appeals board may require the petition for reconsideration to be served on other persons designated by it.
(Amended by Stats. 1979, Ch. 344.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 7 - Appeal Proceedings › Section 6620.

6620. Upon the filing of a petition for reconsideration, or having granted reconsideration upon its own motion, the appeals board may, with or without further proceedings and with or without notice affirm, rescind, alter, or amend the order or decision made and filed by the appeals board or hearing officer on the basis of the evidence previously submitted in the case, or may grant reconsideration and direct the taking of additional evidence. Notice of the time and place of any hearing on reconsideration shall be given to the petitioner and adverse parties and to such other persons as the appeals board orders.
(Added by Stats. 1973, Ch. 993.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 7 - Appeal Proceedings › Section 6621.

6621. If at the time of granting reconsideration, it appears to the satisfaction of the appeals board that no sufficient reason exists for taking further testimony, the appeals board may affirm, rescind, alter or amend the order or decision made and filed by the appeals board or hearing officer and may, without further proceedings, without notice, and without setting a time and place for further hearing, enter its findings, order or decision based upon the record in the case.
(Added by Stats. 1973, Ch. 993.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 7 - Appeal Proceedings › Section 6622.

6622. After the taking of additional evidence and a consideration of all of the facts the appeals board may affirm, rescind, alter, or amend the original order or decision. An order or decision made following reconsideration which affirms, rescinds, alters, or amends the original order or decision shall be made by the appeals board but shall not affect any right or the enforcement of any right arising from or by virture of the original order or decision unless so ordered by the appeals board.
(Added by Stats. 1973, Ch. 993.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 7 - Appeal Proceedings › Section 6623.

6623. Any decision of the appeals board granting or denying a petition for reconsideration or affirming, rescinding, altering, or amending the original findings, order, or decision following reconsideration shall be made by the appeals board and not by a hearing officer and shall be in writing, signed by a majority of the appeals board members assigned thereto, and shall state the evidence relied upon and specify in detail the reasons for the decision.
(Added by Stats. 1973, Ch. 993.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 7 - Appeal Proceedings › Section 6624.

6624. A petition for reconsideration is deemed to have been denied by the appeals board unless it is acted upon within 45 days from the date of filing. The appeals board may, upon good cause being shown therefor, extend the time within which it may act upon that petition for not exceeding 15 days.
(Amended by Stats. 1991, Ch. 734, Sec. 1.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 7 - Appeal Proceedings › Section 6625.

6625. (a) (1) Except as provided in subdivision (b), the filing of a petition for reconsideration suspends for a period of 10 days the order or decision affected, insofar as it applies to the parties to the petition, unless otherwise ordered by the appeals board.
(2) Except as provided in subdivision (b), the appeals board, upon the terms and conditions which it by order directs, may stay, suspend, or postpone the order or decision during the pendency of the reconsideration.
(b) The filing of a petition for, or the pendency of, reconsideration of a final order or decision involving a citation classified as serious, repeat serious, or willful serious does not stay or suspend the requirement to abate the hazards affirmed by the decision or order unless the employer demonstrates by a preponderance of the evidence that a stay or suspension of abatement will not adversely affect the health and safety of employees. The employer must request a stay or suspension of abatement by filing a written, verified petition with supporting declarations within 10 days after the issuance of the order or decision.
(Amended by Stats. 2015, Ch. 303, Sec. 381. (AB 731) Effective January 1, 2016.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 7 - Appeal Proceedings › Section 6626.

6626. Nothing contained in this chapter shall be construed to prevent the appeals board, on petition of an aggrieved party or on its own motion, from granting reconsideration of an original order or decision made and filed by the appeals board within the same time specified for reconsideration of an original order or decision.
(Added by Stats. 1973, Ch. 993.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 7 - Appeal Proceedings › Section 6627.

6627. Any person affected by an order or decision of the appeals board may, within the time limit specified in this section, apply to the superior court of the county in which he resides, for a writ of mandate, for the purpose of inquiring into and determining the lawfulness of the original order or decision or of the order or decision following reconsideration. The application for writ of mandate must be made within 30 days after a petition for reconsideration is denied, or, if a petition is granted or reconsideration is had on the appeals board’s own motion, within 30 days after the filing of the order or decision following reconsideration.
(Added by Stats. 1973, Ch. 993.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 7 - Appeal Proceedings › Section 6628.

6628. The writ of mandate shall be made returnable at a time and place then or thereafter specified by court order and shall direct the appeals board to certify its record in the case to the court within the time therein specified. No new or additional evidence shall be introduced in such court, but the cause shall be heard on the record of the appeals board, as certified to by it.
(Added by Stats. 1973, Ch. 993.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 7 - Appeal Proceedings › Section 6629.

6629. The review by the court shall not be extended further than to determine, based upon the entire record which shall be certified by the appeals board, whether:
(a) The appeals board acted without or in excess of its powers.
(b) The order or decision was procured by fraud.
(c) The order or decision was unreasonable.
(d) The order or decision was not supported by substantial evidence.
(e) If findings of fact are made, such findings of fact support the order or decision under review.
Nothing in this section shall permit the court to hold a trial de novo, to take evidence, or to exercise its independent judgment on the evidence.
(Added by Stats. 1973, Ch. 993.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 7 - Appeal Proceedings › Section 6630.

6630. The findings and conclusions of the appeals board on questions of fact are conclusive and final and are not subject to review. Such questions of fact shall include ultimate facts and the findings and conclusions of the appeals board. The appeals board and each party to the action or proceeding before the appeals board shall have the right to appear in the mandate proceeding. Upon the hearing, the court shall enter judgment either affirming or annulling the order or decision, or the court may remand the case for further proceedings before the appeals board.
(Amended by Stats. 1974, Ch. 1284.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 7 - Appeal Proceedings › Section 6631.

6631. The provisions of the Code of Civil Procedure relating to writs of mandate shall, so far as applicable, apply to proceedings in the courts under the provisions of this part. A copy of every pleading filed pursuant to the terms of this part shall be served on the appeals board and upon every party who entered an appearance in the action before the appeals board and whose interest therein is adverse to the party filing such pleading.
(Added by Stats. 1973, Ch. 993.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 7 - Appeal Proceedings › Section 6632.

6632. No court of this state, except the Supreme Court, the courts of appeal, and the superior court to the extent herein specified, has jurisdiction to review, reverse, correct, or annul any order or rule, or decision of the appeals board, or to suspend or delay the operation or execution thereof, or to restrain, enjoin, or interfere with the appeals board in the performance of its duties.
(Amended by Stats. 1974, Ch. 1284.)
2023 California Code › Labor Code - LAB › DIVISION 5 - SAFETY IN EMPLOYMENT › PART 1 - OCCUPATIONAL SAFETY AND HEALTH › CHAPTER 7 - Appeal Proceedings › Section 6633.

6633. The filing of a petition for, or the pendency of, a writ of mandate shall not of itself stay or suspend the operation of any order, rule or decision of the appeals board, but the court before which the petition is filed may stay or suspend, in whole or in part, the operation of the order or decision of the appeals board subject to review, upon the terms and conditions which it by order directs.
(Amended by Stats. 1974, Ch. 1284.)