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 393 - Oral Argument on Reconsideration; Amicus Curiae Briefs; Taking of Additional Evidence by Submission

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The Appeals Board may, at the request of a party or on its own motion, hear
				  oral argument before the Board. The Appeals Board need not grant oral argument
				  in any case, but may request argument in cases in which, in its judgment, oral
				  argument may be helpful in deciding issues important to the administration of
				  Division 5 of the Labor Code. Oral argument shall not be ordered if either the
				  Division or the employer notifies the Appeals Board in writing that it declines
				  to participate within 10 days of the issuance of the request for oral
				  argument.
(b) The Appeals Board may
				  designate specific issues to be addressed. The Appeals Board shall, within a
				  reasonable time before the oral argument is to take place, notify all parties
				  and intervenors of the date, time, and place for which oral argument has been
				  set and the issues to be heard.
(c)
				  The Appeals Board may request the filing of briefs either before or after oral
				  argument by issuance of an order in writing, or at oral argument may order the
				  filing of briefs on the record of the oral argument.
(d) Should either party fail to appear for
				  oral argument, the party present may be allowed to proceed with its
				  argument.
(e) A brief of an amicus
				  curiae (amicus) may be filed only by leave of the Appeals Board. The brief
				  shall be filed within the time allowed for the filing of the answer or brief of
				  the party whose position the amicus will support unless the Board grants leave
				  for filing at a later date specified by the order of the Appeals Board. Unless
				  otherwise ordered, an amicus may not file a responding brief.
(f) An amicus will not be permitted to
				  participate in oral argument without leave of the Appeals Board. An amicus may
				  move no later than 10 days before oral argument is scheduled to participate in
				  oral argument. Its motion shall identify its interest and state the reasons its
				  participation would be helpful. Any opposition to the motion of an amicus to
				  participate in oral argument shall be filed and served no later than 5 days
				  before the date of oral argument.
(g) When reconsideration has been granted,
				  either by petition or on the Appeals Board's own motion, the Appeals Board may
				  request that additional evidence be submitted. Notice and an opportunity to
				  respond to the request shall be given to all parties.
1. Amendment
					 of section heading, new subsections (a)-(f) and designation of existing section
					 as subsection (g) filed 8-16-99; operative 9-15-99 (Register 99, No.
					 34).
Note: Authority cited: Sections
						148.7 and
						149.5, Labor
						Code. Reference: Sections
						148.7,
						149.5 and
						6620, Labor
						Code.