reglab/statecodes huggingface dataset:
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.3 - Occupational Safety and Health Appeals Board › Article 4 - Hearing › Section 376.7 - Hearing Recording

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The official recording for hearings shall be made by one of the following
				  methods:
(1) By the Appeals Board by means of
				  an electronic device; or
(2) By a
				  certified court reporter.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.3 - Occupational Safety and Health Appeals Board › Article 4 - Hearing › Section 376.8 - Administrative Law Judge Preparation of Hearing Record

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Appeals Board or the assigned Administrative Law Judge
					 shall create a hearing record as defined by Section
					 347, subsection (s), and
					 shall:
(a) Mark the face of each
				  documentary exhibit in accordance with the following designations:
(1) Division exhibits shall be consecutively
				  marked with numbers beginning with the number "1."
(2) Employer's exhibits shall be
				  consecutively marked with letters beginning with "A." If every letter of the
				  alphabet is used, then the lettering shall continue with the designation "AA"
				  throughout the remaining alphabet.
(3) Third-party exhibits shall be labeled
				  "Third-party - 1" and consecutively thereafter.
(4) Joint exhibits as agreed to by the
				  parties shall be marked as "Joint-exhibit - 1" and consecutively
				  thereafter.
(5) Physical,
				  mechanical or demonstrative evidence returned to a party for storage during the
				  pendency of the litigation pursuant to Section
				  376.4 shall be identified in both
				  the recorded and written hearing record pursuant to subsections (1) through (4)
				  above.
(6) Sealed or confidential
				  exhibits shall be identified and labeled in the recorded and written hearing
				  record pursuant to subsections (1) through (4) above, with the Administrative
				  Law Judge selecting identifying labels that do not reveal the confidential
				  nature of the sealed or confidential exhibit(s).
(7) Documents may be redacted by the
				  Administrative Law Judge to conceal confidential information that is not
				  relevant to the issues being heard.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.3 - Occupational Safety and Health Appeals Board › Article 4 - Hearing › Section 377 - Continuance of Hearing. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 10-30-92; operative 11-30-92 (Register 92, No.
					 44).
Note: Authority cited: Sections
						148.7 and
						149.5, Labor
						Code. Reference: Sections
						148.7 and
						149.5, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.3 - Occupational Safety and Health Appeals Board › Article 4 - Hearing › Section 378 - Representation at Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  party may appear in person or through a representative who is not required to
				  be an attorney at law. A representative shall file a written notice of
				  representation with the Sacramento Office of the Appeals Board and serve a copy
				  on all parties as required by Sections
				  355.3 and
				  355.4.
(b) A representative of a party shall be
				  deemed to control all matters respecting the interest of such party in the
				  proceeding.
(c) An employee who is
				  represented by an authorized employee representative may appear through such
				  authorized employee representative.
(d) A representative may withdraw its
				  representation of a party by filing a written notice of withdrawal with the
				  Appeals Board and by serving a copy on all parties, intervenors, and obligors
				  as required by Sections
				  355.3 and
				  355.4.
1. Change
					 without regulatory effect of subsection (d) filed 6-23-86; effective thirtieth
					 day thereafter (Register 86, No. 26).
2. Amendment of subsections
					 (a) and (d), repealer of subsection (e), and amendment of NOTE filed 10-30-92;
					 operative 11-30-92 (Register 92, No. 44).
3. Amendment filed
					 8-2-2016; operative 10-1-2016 (Register 2016, No.
					 32).
Note: Authority cited: Sections
						148.7 and
						149.5, Labor
						Code. Reference: Sections
						148.7 and
						149.5, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.3 - Occupational Safety and Health Appeals Board › Article 4 - Hearing › Section 379 - Exclusion of Witnesses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Upon motion of a party, the Appeals Board may exclude from
					 the hearing room any witnesses not at the time under examination; but a party
					 to the proceeding, the party's representative, and the inspector or
					 investigator for the Division and the Division's representative shall not be
					 excluded.
1. Change
					 without regulatory effect filed 6-23-86; effective thirtieth day thereafter
					 (Register 86, No. 26).
Note: Authority cited: Sections
						148.7 and
						149.5, Labor
						Code. Reference: Sections
						148.7 and
						149.5, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.3 - Occupational Safety and Health Appeals Board › Article 4 - Hearing › Section 380 - Briefs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Either by
				  motion for leave to file a post-hearing brief made by a party or at the request
				  of the Administrative Law Judge, upon a determination that the brief will be
				  productive and will not unreasonably delay the disposition of the proceeding, a
				  post-hearing brief may be filed. Post-hearing briefs shall be filed
				  simultaneously on a date certain ordered by the Administrative Law Judge. The
				  Administrative Law Judge may alternatively order a different briefing schedule
				  for the filing of post-hearing briefs. Service on a party of the post-hearing
				  brief shall be in a manner as prescribed in Section
				  355.3 and proof of such service
				  meeting the requirements of Section
				  355.3 shall be filed with the
				  post-hearing brief. The original brief shall be filed with the Appeals Board
				  pursuant to Section
				  355.4 on or before the date
				  specified by the Administrative Law Judge.
(b) Post-hearing briefs shall be limited to
				  15 pages and consistent with provisions of Section
				  355.5 related to preparation of
				  documents, unless larger documents are allowed by order of the Administrative
				  Law Judge.
(c) Post-hearing briefs
				  shall contain reference to definitive legal authorities in support of a party's
				  contentions made at the hearing.
(d) An Administrative Law Judge has the
				  discretion to require pre-hearing briefs when briefing would assist the
				  Administrative Law Judge and the parties in identifying or clarifying issues
				  for the hearing or other issues arising before the hearing.
1. Amendment
					 filed 10-30-92; operative 11-30-92 (Register 92, No. 44).
2.
					 Amendment of section heading, repealer of subsection (a) and subsection (b)
					 designator and amendment of section filed 8-16-99; operative 9-15-99 (Register
					 99, No. 34).
3. Amendment filed 8-2-2016; operative 10-1-2016
					 (Register 2016, No. 32).
Note: Authority cited: Section
						148.7, Labor
						Code. Reference: Sections
						148.7 and
						149.5, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.3 - Occupational Safety and Health Appeals Board › Article 4 - Hearing › Section 381 - Contempt; Bad Faith Actions and Tactics

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If any person in proceedings before the
				  Appeals Board disobeys or resists any lawful order or refuses, without
				  substantial justification, to respond to a subpoena, subpoena duces tecum, or
				  refuses to take the oath or affirmation as a witness or thereafter refuses to
				  be examined, or is guilty of misconduct during a hearing or so near the place
				  thereof as to obstruct the proceedings, the Administrative Law Judge or the
				  Appeals Board may, on its own motion or the motion of a party:
(1) Certify the facts to the Superior Court
				  in and for the county where the proceedings are held for contempt proceedings
				  pursuant to Government Code Section
				  11455.20;
(2) Exclude the person from the hearing
				  room;
(3) Prohibit the person from
				  testifying or introducing designated matters in evidence;
(4) Establish designated facts, claims, or
				  defenses if the person is a party;
(5) Grant the appeal without further
				  proceedings if the person is a representative of the Division; or
(6) Dismiss the appeal without further
				  proceedings if the person is the Employer or a representative of the
				  Employer.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.3 - Occupational Safety and Health Appeals Board › Article 4 - Hearing › Section 382 - Witness Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Witnesses subpoenaed for any deposition or hearing are entitled to the
				  following fees and mileage, payable in advance:
(1) Witness fee for each day's actual
				  attendance of thirty-five dollars ($35);
(2) Mileage actually traveled, both ways, of
				  twenty cents ($.20) a mile;
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.3 - Occupational Safety and Health Appeals Board › Article 4 - Hearing › Section 383 - Failure to Appear

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If
				  after service of a notice of hearing, prehearing conference, settlement
				  conference, status conference, or another event scheduled and duly noticed by
				  the Appeals Board, a party fails to appear at the noticed event, either
				  personally or by representative, the Appeals Board may take the proceeding off
				  calendar; may, after notice, dismiss the proceeding; or may receive evidence
				  from any party that appears.
(b)
				  Before dismissing the proceeding, the assigned Administrative Law Judge shall
				  prepare and serve a notice of intent to dismiss the appeal or citation(s), or
				  an order pursuant to Section
				  350.4, allowing the non-appearing
				  party at least 10 days to request reinstatement of the appeal. The request must
				  show good cause for missing the noticed event.
(c) Good cause is defined as sufficient facts
				  to establish a reasonable basis for the failure to appear. A request for
				  reinstatement, and any opposition, shall be accompanied by a declaration
				  containing a statement that any facts therein are based upon the personal
				  knowledge of the declarant and declared under penalty of perjury.
(d) A party, intervenor, or obligor opposing
				  the reinstatement of any proceeding based on the non-appearing party's showing
				  of good cause may file a response no later than 10 days from service of the
				  reinstatement request.
(e) Service
				  of the request for reinstatement and any response shall be accomplished as
				  prescribed in Section
				  355.3 and proof of service meeting
				  the requirements of Section
				  355.3, subsection (e) shall be
				  filed with the Appeals Board as required in Section
				  355.4.
1. Amendment
					 filed 10-30-92; operative 11-30-92 (Register 92, No. 44).
2.
					 Amendment of subsection (a), repealer of subsection (b), new subsections
					 (b)-(e) and amendment of NOTE filed 8-2-2016; operative 10-1-2016 (Register
					 2016, No. 32).
Note: Authority cited: Section
						148.7, Labor
						Code. Reference: Sections
						148.7,
						149.5,
						6603 and
						6611, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.3 - Occupational Safety and Health Appeals Board › Article 4 - Hearing › Section 384 - Proposed Decisions; Action on by Appeals Board

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If a proceeding is referred to an
				  Administrative Law Judge for hearing and preparation of a proposed order or
				  decision pursuant to Labor Code Section
				  6604(b),
				  the judge shall prepare a proposed order or decision in such form that it may
				  be adopted as the order or decision in the case. A copy of the proposed order
				  or decision shall be a public record. The Appeals Board may confirm, adopt,
				  modify or set aside the proposed order or decision of the Administrative Law
				  Judge 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.
				  Whenever the Appeals Board determines that additional evidence is necessary, it
				  may take additional evidence in the case, or it may reassign the case to the
				  same or to another Administrative Law Judge to take additional evidence. If the
				  case is so reassigned to an Administrative Law Judge, the judge shall prepare a
				  proposed order or decision.
(b) The
				  Appeals Board shall take action on a proposed order or decision as described in
				  subsection (a) above within 30 days after the case is submitted.
1. Amendment
					 filed 2-1-84; effective thirtieth day thereafter (Register 84, No.
					 5).
Note: Authority cited: Sections
						148.7 and
						149.5, Labor
						Code. Reference: Sections
						148.7,
						149.5,
						6604(b),
						6608 and
						6609, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.3 - Occupational Safety and Health Appeals Board › Article 4 - Hearing › Section 385 - Decisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Unless
				  otherwise ordered, all proceedings shall be submitted for decision at the close
				  of the hearing. The Appeals Board or Administrative Law Judge may extend the
				  submission date and shall, within 30 days after the proceeding is submitted,
				  summarize the evidence received and relied upon, make findings upon all facts
				  involved in the appeal, and file an order or decision with the reasons or
				  grounds upon which the order or decision was made.
(b) The order or decision shall be in
				  writing, signed and dated by the Administrative Law Judge or the members of the
				  Appeals Board deciding the proceeding.
(c) A copy of the order or decision shall be
				  served on each party or representative together with a statement informing the
				  parties of their right to petition the Appeals Board for reconsideration of the
				  order or decision within 30 days of service of the order or decision.
1. Amendment
					 of subsection (a) filed 2-1-84; effective thirtieth day thereafter (Register
					 84, No. 5).
2. Change without regulatory effect of subsection (c)
					 filed 6-23-86; effective thirtieth day thereafter (Register 86, No.
					 26).
3. Amendment of subsection (a) filed 11-26-2007; operative
					 12-26-2007 (Register 2007, No. 48).
Note: Authority cited: Sections
						148.7 and
						149.5, Labor
						Code. Reference: Sections
						148.7,
						149.5,
						6608 and
						6609, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.3 - Occupational Safety and Health Appeals Board › Article 4 - Hearing › Section 386 - Post-Submission Amendments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The Appeals Board may amend the issues on appeal or the Division action after a
				  proceeding is submitted for decision.
(b) Each party shall be given notice of the
				  intended amendment and the opportunity to show that the party will be
				  prejudiced thereby unless the case is continued to permit the introduction of
				  additional evidence in the party's behalf. If such prejudice is shown, the
				  proceeding shall be continued to permit the introduction of additional
				  evidence.
1. New
					 section filed 10-30-92; operative 11-30-92 (Register 92, No. 44).
2.
					 Amendment of subsection (a), repealer of subsections (a)(1)-(4) and amendment
					 of subsection (b) filed 4-15-2013; operative 7-1-2013 (Register 2013, No.
					 16).
Note: Authority cited: Section
						148.7, Labor
						Code. Reference: Section
						6603(a),
						Labor Code; and Section
						11516,
						Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.3 - Occupational Safety and Health Appeals Board › Article 5 - Reconsideration › Section 389 - Application of Article

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This article applies to all petitions for reconsideration,
					 all orders of reconsideration on the Appeals Board's own motion, all answers in
					 response, if any, and the taking of additional evidence by further
					 hearing.
1. Repealer
					 of Article 5 (Sections
					 390-394) and new Article 5
					 (Sections 389-394) filed 6-5-80; effective
					 thirtieth day thereafter (Register 80, No. 23). For prior history, see
					 Registers 77, No. 19; 77, No. 2; and 76, No.
					 38.)
Note: Authority cited: Sections
						148.7 and
						149.5, Labor
						Code. Reference: Sections
						148.7 and
						149.5, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.3 - Occupational Safety and Health Appeals Board › Article 5 - Reconsideration › Section 390 - Filing of Petition and Answer

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  A party aggrieved by an order or decision may, within 30 days of service of
				  such order or decision, petition the Appeals Board for reconsideration with
				  respect to any matters determined or covered by the order or decision. The
				  petition for reconsideration shall be filed at the Appeals Board in Sacramento,
				  California, and shall be deemed filed on the date it is delivered or mailed to
				  the Appeals Board.
(b) A party may,
				  within 30 days of service of any petition for reconsideration, file an answer
				  with the Appeals Board.
(c) Any
				  petition for reconsideration and answer shall be signed by the party filing or
				  by his representative and, except for those agencies listed at Section
				  446
				  of the Code of Civil Procedure, verified upon oath.
1. Amendment
					 of subsections (a) and (c) filed 2-1-84; effective thirtieth day thereafter
					 (Register 84, No. 5).
Note: Authority cited: Sections
						148.7 and
						149.5, Labor
						Code. Reference: Section
						446,
						Code of Civil Procedure; Sections
						148.7,
						149.5,
						661(a),
						6616 and
						6619, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.3 - Occupational Safety and Health Appeals Board › Article 5 - Reconsideration › Section 390.1 - Reconsideration: General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  petition for reconsideration shall be based upon one or more of the following
				  grounds:
(1) That by the order or decision
				  the Appeals Board acted without or in excess of its powers;
(2) That the order or decision was procured
				  by fraud;
(3) That the evidence
				  received by the Appeals Board does not justify the findings of fact;
(4) That petitioner has discovered new
				  material evidence which the petitioner could not, with reasonable diligence,
				  have discovered and produced at the hearing;
(5) That the findings of fact do not support
				  the order or decision.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.3 - Occupational Safety and Health Appeals Board › Article 5 - Reconsideration › Section 390.2 - Appeals Board Reconsideration on Its Own Motion

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) At any time within 30 days of the filing
				  of any order or decision, the Appeals Board may, on its own motion, order
				  reconsideration with respect to any matters determined or covered by the order
				  or decision. The Appeals Board shall notify the parties if it orders
				  reconsideration.
(b) A party may,
				  within 30 days of service of any order of reconsideration, file an answer with
				  the Appeals Board.
(c) Any answer
				  shall be signed by the party filing or by the representative and, except for
				  those agencies listed at Section
				  446
				  of the Code of Civil Procedure, verified upon oath.
1. Amendment
					 of subsection (c) filed 2-1-84; effective thirtieth day thereafter (Register
					 84, No. 5).
2. Change without regulatory effect of subsection (c)
					 filed 6-23-86; effective thirtieth day thereafter (Register 86, No.
					 26).
Note: Authority cited: Sections
						148.7 and
						149.5, Labor
						Code. Reference: Section
						446,
						Code of Civil Procedure; Sections
						148.7,
						149.5,
						6614(b)
						and
						6619, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.3 - Occupational Safety and Health Appeals Board › Article 5 - Reconsideration › Section 390.3 - Final Order or Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If
				  within 30 days of the filing of an order or decision no petition for
				  reconsideration has been filed, and no reconsideration has been ordered on the
				  Appeals Board's own motion, the order or decision is a final order of the
				  Appeals Board and not subject to review by any court or agency.
(b) Any petition for reconsideration shall be
				  deemed to have been denied by the Appeals Board if it is not acted upon within
				  45 days of service and the order or decision is a final order of the Appeals
				  Board and not subject to review by any court or agency. The Appeals Board may,
				  however, upon a showing of good cause, extend the time within which it may act
				  upon the petition for a period not exceeding 15 days.
1. Amendment
					 of subsection (b) and NOTE filed 10-30-92; operative 11-30-92 (Register 92, No.
					 44).
Note: Authority cited: Section
						148.7, Labor
						Code. Reference: Sections
						148.7,
						149.5,
						6615 and
						6624, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.3 - Occupational Safety and Health Appeals Board › Article 5 - Reconsideration › Section 390.9 - Suspension of Order or Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Appeals Board may stay, suspend or postpone the order
					 or decision pending an order, findings, or decision after
					 reconsideration.
Note: Authority cited: Sections
						148.7 and
						149.5, Labor
						Code. Reference: Sections
						148.7,
						149.5 and
						6625, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.3 - Occupational Safety and Health Appeals Board › Article 5 - Reconsideration › Section 391 - Format of Petition for Reconsideration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A petition for reconsideration shall set forth specifically
					 and in full detail the grounds upon which the petitioner considers the order or
					 decision to be unjust or unlawful, and every issue to be considered by the
					 Appeals Board on reconsideration. Any objection or issue not raised in the
					 petition for reconsideration is deemed waived by the petitioner. The petition
					 for reconsideration will be denied if it contains no more than allegations of
					 the statutory grounds for reconsideration, unsupported by specific references
					 to the record and principles of law involved.
1. Amendment
					 filed 10-30-92; operative 11-30-92 (Register 92, No.
					 44).
Note: Authority cited: Section
						148.7, Labor
						Code. Reference: Sections
						148.7,
						149.5 and
						6618, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.3 - Occupational Safety and Health Appeals Board › Article 5 - Reconsideration › Section 391.1 - Petition for Reconsideration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A petition meeting all requirements of
				  these regulations and the Labor Code shall be deemed filed on the date
				  indicated on the proof of service. If there is no proof of service, the date of
				  filing shall be the date of delivery to the Sacramento Office of the Appeals
				  Board.
(b) A petition that is not
				  properly verified upon oath and/or not accompanied by a proof of service shall
				  be considered filed in accordance with subsection (a) if the petitioner
				  perfects the petition by filing the verification and/or proof of service within
				  five days of the date of service of a letter from the Appeals Board noting the
				  omission(s).
(c) Failure to perfect
				  a petition in accordance with subsection (b) shall result in the dismissal of
				  the petition.
1. New
					 section filed 10-30-92; operative 11-30-92 (Register 92, No. 44).
2.
					 Amendment of section heading and amendment of subsections (a) and (c) filed
					 8-2-2016; operative 10-1-2016 (Register 2016, No.
					 32).
Note: Authority cited: Section
						148.7, Labor
						Code. Reference: Sections
						6614,
						6615,
						6620,
						6624, and
						6625, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.3 - Occupational Safety and Health Appeals Board › Article 5 - Reconsideration › Section 392 - Proof of Service During Reconsideration Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A petition for reconsideration, supplemental petition,
					 answer, and supplemental answer shall be served on all parties who have been
					 joined in the proceeding at the time of filing. Service shall be in a manner as
					 prescribed in Sections
					 355.3 and
					 355.4 and proof of such service
					 meeting the requirements of Section
					 355.3, subsection (e) shall be
					 filed with the Appeals Board, pursuant to Section
					 355.4.
1. Amendment
					 filed 10-30-92; operative 11-30-92 (Register 92, No. 44).
2.
					 Amendment of section heading and section filed 8-2-2016; operative 10-1-2016
					 (Register 2016, No. 32).
Note: Authority cited: Section
						148.7, Labor
						Code. Reference: Sections
						148.7,
						149.5, and
						6619, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.3 - Occupational Safety and Health Appeals Board › Article 5 - Reconsideration › Section 392.3 - Motion to File Supplemental Petition or Answer

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If a petition for reconsideration has
				  been timely filed, a motion to file a supplemental petition may be granted at
				  the discretion of the Appeals Board. If the motion is granted, the Appeals
				  Board shall include in the order the date by which the supplemental petition
				  must be received.
(b) An opposing
				  party may file an answer to a supplemental petition no later than 30 days from
				  the service of the supplemental petition, regardless of whether an initial
				  answer was filed.
1. New
					 section filed 10-30-92; operative 11-30-92 (Register 92, No.
					 44).
Note: Authority cited: Section
						148.7, Labor
						Code. Reference: Sections
						148.7 and
						6620, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.3 - Occupational Safety and Health Appeals Board › Article 5 - Reconsideration › Section 392.4 - Motions During Reconsideration Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any motion or request for action, any
				  opposition thereto, and any reply relating to any proceeding under
				  reconsideration by the Appeals Board shall be in writing and directed to the
				  Appeals Board's Sacramento office. The caption of each motion, request,
				  opposition or reply shall contain the title and docket or petition number of
				  the proceeding and a clear and plain statement of the relief sought, together
				  with the grounds therefor.
(b) Any
				  motion or request, or opposition thereto, and any reply shall be signed by the
				  party filing or by the party's representative, and a copy shall be served on
				  all parties. Service shall be in the manner prescribed in Sections
				  355.3 and
				  355.4 and proof of service meeting
				  the requirements of Section
				  355.3, subsection (e) shall be
				  filed with the Appeals Board.
(c)
				  Unless otherwise ordered, a motion or request may be served and filed at any
				  time after reconsideration has been granted, but no later than 45 days before
				  the date set forth in subsection (1) below:
(1) The Appeals Board shall notify the
				  parties at least 90 days prior to the last day for making motions or requests
				  relating to any proceeding under reconsideration.
(2) A motion or request shall be served and
				  filed no later than 45 days before the date specified by the Appeals Board in
				  392.4(c)(1).
(3) Any opposition to
				  such motion or request shall be served and filed no later than 30 days from
				  service of the motion or request.
(4) Any reply papers shall be served and
				  filed no later than 15 days from service of the opposition
				  papers.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.3 - Occupational Safety and Health Appeals Board › Article 5 - Reconsideration › Section 392.5 - Availability of Recording Media

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Appeals Board shall promptly provide
				  a copy of the recording of the hearing to any requesting party upon receipt of
				  a written request. The request may be made in person, by mail, by email at the
				  email address published on the Appeals Board's website, or electronically
				  through the Appeals Board's website.
(b) The person or entity making the request
				  shall provide an email address where the recording of the hearing may be
				  sent.
(c) If a requesting person or
				  entity does not possess an email address or does not wish to receive a hearing
				  recording by email, that person or entity may request that the recording be
				  sent by alternate means. The requesting person or entity shall bear the cost of
				  reproduction and delivery if the request is for delivery by alternate
				  means.
1. New
					 section filed 10-30-92; operative 11-30-92 (Register 92, No. 44).
2.
					 Amendment of section heading and section filed 11-26-2007; operative 12-26-2007
					 (Register 2007, No. 48).
3. Amendment filed 8-2-2016; operative
					 10-1-2016 (Register 2016, No. 32).
Note: Authority cited: Section
						148.7, Labor
						Code. Reference: Sections
						149.5,
						6621 and
						6629, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.3 - Occupational Safety and Health Appeals Board › Article 5 - Reconsideration › Section 394 - Taking of Additional Evidence by Further Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When reconsideration has been granted
				  either by petition or on the Appeals Board's own motion, the Appeals Board may
				  order that additional evidence be taken at a further hearing. Notice of the
				  time and place of further hearing shall be given to all parties and to such
				  other persons as the Appeals Board may direct.
(b) The issues on further hearing shall be
				  limited to those set forth in the order.
(c) The time limit at Section
				  385(a) for filing
				  an order or decision shall not apply to further hearings during
				  reconsideration.
1. Amendment
					 of NOTE filed 2-1-84; effective thirtieth day thereafter (Register 84, No.
					 5).
Note: Authority cited: Sections
						148.7 and
						149.5, Labor
						Code. Reference: Sections
						148.7 149.5 and 6620, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.3 - Occupational Safety and Health Appeals Board › Article 6 - Employers' Cost Recovery › Section 395 - Application of Article

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This article shall apply to all petitions for costs to the
					 Appeals Board brought pursuant to Section
					 149.5 of the
					 Labor Code.
1. New
					 Article 6 (Sections
					 395-397) filed 2-13-80; effective
					 thirtieth day thereafter (Register 80, No. 7).
Note: Authority cited: Sections
						148.7 and
						149.5, Labor
						Code. Reference: Section
						149.5, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.3 - Occupational Safety and Health Appeals Board › Article 6 - Employers' Cost Recovery › Section 396 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As used in Sections
					 395 to
					 397, inclusive, of these
					 rules:
(a) "Burden of proof" means the
				  burden on an employer petitioning for costs to establish by a preponderance of
				  the evidence that the issuance of a citation was the result of arbitrary or
				  capricious action or conduct by the Division.
(b) "Citation is withdrawn" means that after
				  an employer has filed an appeal in accord with Section
				  359, and the Appeals Board has
				  acknowledged jurisdiction, that the Appeals Board grants the Division's motion
				  or petition to withdraw the citation.
(c) "Final decision" means a decision or
				  order of the Appeals Board or an Administrative Law Judge which has not been
				  stayed or from which no petition for reconsideration has been filed or no
				  reconsideration has been granted on the Appeals Board's own motion within the
				  time permitted by law. If the Appeals Board has granted reconsideration, a
				  decision or order shall be final 30 days after the decision after
				  reconsideration has been issued unless a writ of mandate has been filed as
				  provided by law. If a writ of mandate has been filed, a decision or order shall
				  be final after a judgment has been entered and no appeal is pending in the
				  courts.
(d) "Prevails in the
				  appeal" occurs when an employer has prevailed in the appeal on an item of a
				  citation or a total citation. An employer who appeals the existence of a
				  violation shall not be deemed to have prevailed in the appeal if the alleged
				  violation is affirmed and the Appeals Board only amends the classification of
				  the violation or reduces the amount of proposed civil penalty.
(e) "Reasonable costs" means costs
				  necessarily incurred by an employer in preparing for and pursuing an appeal of
				  a citation. Reasonable costs are those costs allowed under Section
				  149.5 of the
				  Labor Code, including attorney's fees, consultant's fees, witness' fees and
				  mileage, costs of discovery, costs of depositions, and costs of service of
				  process if such costs were necessary disbursements for preparing and proceeding
				  with a hearing on the citation. Determination of the appropriateness of an
				  award of costs lies within the discretion of the Appeals Board. Where a
				  citation covers more than one item, costs shall be apportioned to each
				  item.
1. Amendment
					 filed 6-5-80; effective thirtieth day thereafter (Register 80, No.
					 23).
2. Amendment filed 2-1-84; effective thirtieth day thereafter
					 (Register 84,No. 5).
Note: Authority cited: Sections
						148.7 and
						149.5, Labor
						Code. Reference: Section
						149.5, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.3 - Occupational Safety and Health Appeals Board › Article 6 - Employers' Cost Recovery › Appendix A and B

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 Appendix A and B filed 6-5-80; effective thirtieth day thereafter (Register 80,
					 No. 23).
2. Repealer of Appendix A and B filed 2-1-84; effective
					 thirtieth day thereafter (Register 84, No. 5).
Note: Authority cited: Sections
						148.7 and
						149.5, Labor
						Code. Reference: Sections
						148.7 and
						149.5, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.5 - Occupational Safety and Health Standards Board › Subchapter 1 - Rules of Procedure for Permanent Variances and Appeals from Temporary Variances › Article 1 - General › Section 401 - Location of Principal Office. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						Chapter 3.5 (Sections
						401-427, not consecutive) filed
						1-24-74 as an emergency; effective upon filing (Register 74, No.
						4).
2. Certificate of Compliance filed 4-26-74 (Register 74, No.
						17).
3. Repealer of Chapter 3.5 (Sections
						401-427, not consecutive) and
						adoption of Chapter 3.5 (Sections
						401-428, not consecutive) filed
						5-31-74; effective thirtieth day thereafter (Register 74, No.
						22).
4. Repealer of Chapter 3.5 (Sections
						401-427, not consecutive) and
						adoption of Chapter 3.5 (Sections
						401-428, not consecutive) refiled
						6-7-74; effective thirtieth day thereafter (Register 74, No. 23).
5.
						Repealer filed 7-19-82; effective thirtieth day thereafter (Register 82, No.
						30).
6. Amendment of subchapter heading filed 1-9-2003; operative
						2-8-2003 (Register 2003, No. 2).
Note: Authority cited: Section
						  143.2, Labor
						  Code. Reference: Section
						  143.2, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.5 - Occupational Safety and Health Standards Board › Subchapter 1 - Rules of Procedure for Permanent Variances and Appeals from Temporary Variances › Article 1 - General › Section 402 - Tenses, Gender and Number. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						NOTE filed 7-19-82; effective thirtieth day thereafter (Register 82, No.
						30).
2. Repealer filed 10-22-82 by OAL pursuant to Government Code
						Section
						11349.7(j)
						(Register 82, No. 43).
3. Editorial correction of printing error in
						HISTORY 1 (Register 94, No. 2).
Note: Authority cited: Section
						  143.2, Labor
						  Code. Reference: Section
						  143.2, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.5 - Occupational Safety and Health Standards Board › Subchapter 1 - Rules of Procedure for Permanent Variances and Appeals from Temporary Variances › Article 1 - General › Section 403 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For the purpose of these rules:
(a) "Standards Board" or "Board" means the
					 Occupational Safety and Health Standards Board; except that wherever the words
					 "Standards Board" or "Board" alone are used, the power to act may be delegated
					 by the Board and whenever the words "Board itself" are used, the power will be
					 exercised by the Board acting through a quorum of its members;
(b) "Chairperson" means the member of the
					 Standards Board designated by the Governor to hold the office of
					 chairperson;
(c) "Hearing Officer"
					 means any person appointed by the Standards Board to preside over any variance
					 or appeal from a temporary variance hearing or to hear and determine any such
					 matter within the jurisdiction of the Standards Board;
(d) "Department" means the Department of
					 Industrial Relations;
(e)
					 "Division" means the Division of Occupational Safety and Health;
(f) "Appeals Board" means the Occupational
					 Safety and Health Appeals Board;
(g) "Code" means the Labor Code;
(h) "Rule" means any section set forth in
					 this subchapter adopted by the Standards Board;
(i) All terms which are defined in the code
					 shall be construed as defined therein.
(j) "Representative" means any person,
					 including an authorized employee representative, authorized by a party or
					 intervenor to represent the party or intervenor in a proceeding. Unless the
					 context otherwise requires the term "representative" is included in the words
					 "appellant," "party," "petitioner," "employer" or "employee."
(k) "Authorized employee representative"
					 means a labor organization which has a collective bargaining relationship with
					 an employer and which represents affected employees or an employee organization
					 which has been formally acknowledged by a public agency as an employee
					 organization that represents employees of the public agency.
(l) "Affected Employee" means an employee of
					 the employer seeking the variance who is exposed, as a result of his/her
					 assigned duties, to the condition or hazards covered by the standard from which
					 the variance is sought.
(m)
					 "Proceeding" means any proceeding before the Standards Board or before a
					 hearing officer relating to a permanent or interim variance or appeal from a
					 temporary variance.
(n) "Employer"
					 means
(1) the State and every State
					 agency;
(2) each county, city,
					 district and all public and quasi-public agencies therein;
(3) every person, including any public
					 service corporation which has any natural person in service;
(4) any Conveyance Owner as defined in
					 subsection (o); and
(5) any employer
					 who employs "affected employees" as defined by Rule
					 403(
l
).
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.5 - Occupational Safety and Health Standards Board › Subchapter 1 - Rules of Procedure for Permanent Variances and Appeals from Temporary Variances › Article 1 - General › Section 404 - Computation of Time

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In computing the time within which any act must be
						performed, "days" shall refer to calendar days. The first day shall be excluded
						and the last day shall be included. If the last day is a Saturday, Sunday or
						holiday, the required act must be performed by the following Monday, or if that
						Monday is a holiday, by the next day that is not a holiday.
1. New
						NOTE filed 7-19-82; effective thirtieth day thereafter (Register 82, No.
						30).
2. Amendment of section and NOTE filed 1-9-2003; operative
						2-8-2003 (Register 2003, No. 2).
Note: Authority cited: Section
						  143.2, Labor
						  Code. Reference: Sections
						  143 and
						  143.2, Labor
						  Code; and Sections
						  12
						  and
						  12a,
						  Code of Civil Procedure.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.5 - Occupational Safety and Health Standards Board › Subchapter 1 - Rules of Procedure for Permanent Variances and Appeals from Temporary Variances › Article 1 - General › Section 404.1 - Late Filing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Unless otherwise specified in the code, the time for
						filing any application, appeal, petition, answer, pleading, brief, or other
						document to the Standards Board may be extended or a late filing permitted upon
						a showing of good cause.
1. New
						NOTE filed 7-19-82; effective thirtieth day thereafter (Register 82, No.
						30).
Note: Authority cited: Section
						  143.2, Labor
						  Code. Reference: Sections
						  143.2 and
						  6455, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.5 - Occupational Safety and Health Standards Board › Subchapter 1 - Rules of Procedure for Permanent Variances and Appeals from Temporary Variances › Article 1 - General › Section 405 - Hearing Officers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All hearings of the Standards Board relating to permanent
						or temporary variances shall be conducted by hearing officers on the staff of
						the Appeals Board or appointed by the Standards Board.
1.
						Amendment filed 7-19-82; effective thirtieth day thereafter (Register 82, No.
						30).
2. Change without regulatory effect pursuant to section
						100, title 1, California Code of
						Regulations filed 2-25-91; operative 3-27-91 (Register 91, No.
						14).
Note: Authority cited: Section
						  143.2, Labor
						  Code. Reference: Section
						  143.2, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.5 - Occupational Safety and Health Standards Board › Subchapter 1 - Rules of Procedure for Permanent Variances and Appeals from Temporary Variances › Article 1 - General › Section 405.1 - Authority of Hearing Officers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Every hearing in a variance or appeal
					 from a temporary variance proceeding shall be presided over by a hearing
					 officer.
(b) When the Standards
					 Board or a hearing panel hears the matter, the hearing officer shall preside at
					 the hearing, rule on the admission and exclusion of evidence, and advise the
					 Board or panel on matters of law; the Board or panel shall exercise all other
					 powers relating to the conduct of the hearing but may delegate all or any of
					 them to the hearing officer. When the hearing officer alone hears a matter, the
					 hearing officer shall exercise all powers relating to the conduct of the
					 hearing.
(c) A hearing officer or
					 Standards Board member shall voluntarily disqualify himself/herself and
					 withdraw from any case in which he/she cannot accord a fair and impartial
					 hearing or consideration.
1.
						Amendment filed 7-19-82; effective thirtieth day thereafter (Register 82, No.
						30).
2. Change without regulatory effect pursuant to section
						100, title 1, California Code of
						Regulations amending subsections (b) and (c) filed 2-25-91; operative 3-27-91
						(Register 91, No. 14).
3. Amendment of subsection (b) and amendment
						NOTE filed 1-9-2003; operative 2-8-2003 (Register 2003, No.
						2).
Note: Authority cited: Section
						  143.2, Labor
						  Code. Reference: Sections
						  143,
						  143.1,
						  143.2 and
						  6457, Labor
						  Code.