California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.2 - California Occupational Safety and Health Regulations (Cal/OSHA) › Subchapter 2 - Regulations of the Division of Occupational Safety and Health › Article 1.6 - Adjudicative Hearings-General Rules of Practice and Procedure-Denial, Suspension or Revocation of Permits, Licenses, Certifications, Registrations or Other Authorizations and Orders Prohibiting Use, Issued by the Division of Occupational Safety and Health › Section 340.43 - Designation of Presiding Officer and Notification of Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon receipt of a request for an appeal
					 hearing regarding the Division's denial of an application for a permit,
					 license, certification, registration, or other authorization, the Director or
					 the Director's Chief Counsel shall designate a Presiding Officer to conduct the
					 hearing. Upon receipt of a request for hearing regarding the suspension or
					 revocation of a permit, license, certification, registration, or other
					 authorization, the Chief of the Division shall designate a Presiding Officer to
					 conduct the hearing. The Presiding Officer may be a Deputy Chief, Regional
					 Manager, or other designated representative. For hearings regarding the
					 issuance of Orders Prohibiting Use, the District Manager shall serve as
					 Presiding Officer.
(b) The
					 Department or Division shall notify the appellant of the date, time and
					 location of the hearing, and of the name of the Presiding Officer. The date and
					 time of the hearing shall be subject to the specific provisions of the statute
					 or regulation, if any, authorizing the action. Where no statute or regulation
					 imposes specific time limitations, a hearing shall be set so as to provide
					 sufficient time for preparation and attendance at the hearing, but in no event
					 less than five working days following the receipt of a request for hearing,
					 unless appellant agrees to or requests an earlier hearing. Hearings regarding
					 the issuance of an OPU shall be held within 24 hours following receipt of the
					 appellant's request for a hearing, unless appellant agrees to or requests a
					 later hearing.
(c) The Presiding
					 Officer may change the date, time and location of the hearing for good cause
					 upon his or her own motion or upon the written motion of either party at any
					 time prior to the hearing.
(d) The
					 appellant must immediately notify all affected employees, former employees, and
					 employee representatives, if any, of the date, time and location of the hearing
					 along with a description of the purpose for the hearing, by posting the
					 notification of hearing or otherwise providing written notice. The notification
					 of hearing must remain posted in a conspicuous place for at least three working
					 days or until the date of the hearing, whichever is less.
(e) The Division or Department may serve the
					 notification of hearing, as required under subsection (b), personally, by
					 facsimile or by overnight delivery.
1. New
						section filed 8-26-2002; operative 9-25-2002 (Register 2002, No.
						35).
Note: Authority cited: Sections
						  60.5 and
						  6308, Labor
						  Code; and Section
						  11400.20,
						  Government Code. Reference: Sections
						  60.5,
						  6308 and
						  6327, Labor
						  Code; and Section
						  11400.20,
						  Government Code.