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 - Time and Place of Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Appeals shall be heard promptly.
(b) Appeals relating to a special order,
				  order to take special action, the reasonableness of the abatement period and an
				  expedited proceeding shall be given priority over other proceedings.
(c) When the Appeals Board is notified that a
				  case is being reviewed by the Bureau of Investigations or any prosecuting
				  authority, the Appeals Board shall delay the hearing until notified that review
				  is concluded or for a period not exceeding three years, whichever occurs
				  earlier. If the Appeals Board is notified that criminal charges have been
				  filed, the Appeals Board shall subsequently extend the delay until completion
				  of the criminal case, which shall be deemed to occur on the date of a verdict
				  of not guilty, a dismissal of the case by a court, or the date of sentencing
				  after a verdict or plea of guilty or no contest. The Appeals Board may also
				  delay the case beyond three years from the date of the incident on the written
				  request of a party or prosecuting authority if necessary to allow the Bureau of
				  Investigations or any prosecuting authority to conclude its review or criminal
				  prosecution of the case.
(d) A
				  hearing may be conducted by videoconference as provided in Government Code
				  Section
				  11440.30
				  of the Administrative Procedure Act, if each participant in the hearing has an
				  opportunity to participate in and to hear the entire proceeding while it is
				  taking place, to observe the exhibits, and to observe the hearing participants
				  to the extent feasible.
(e) For
				  each hearing, other than expedited proceedings set pursuant to section
				  373, the Appeals Board shall
				  determine, and include in any notice of hearing, the following information: the
				  date(s), time(s), and length for the hearing; the format for conducting the
				  hearing, whether in-person or by videoconference or a combination thereof; and
				  the physical location of the hearing if the hearing includes an in-person
				  format. If a videoconference hearing is selected, the notice of the hearing
				  shall provide instruction on how to participate in the videoconference,
				  identify the necessary technological equipment, and indicate what to do if
				  technical problems arise.
(1) Factors and
				  criteria relevant to these determinations, which may be addressed or discussed
				  at prehearing or status conferences, include, but are not limited to, the
				  following:
(A) Evidentiary presentation and
				  case management issues;
(B) Whether
				  multiple hearings can be set before an Administrative Law Judge on the same day
				  without necessitating a continuance;
(C) The parties' and Administrative Law
				  Judge's projection of the length of time needed for the hearing;
(D) The place of employment where the
				  violation is alleged to have occurred;
(E) The location and suitability of Appeals
				  Board hearing venues;
(F) The
				  availability of Administrative Law Judges, witnesses, and parties;
(G) The location of the parties and the
				  witnesses;
(H) Transportation
				  barriers or travel distance required for attendance at a hearing, for any party
				  or witness;
(I) Hardship caused by
				  time away from current employment or other responsibilities that would be
				  required of a party or witness in order to attend a hearing;
(J) Inability of a party or witness to secure
				  care for children, other family members, or dependents that would unduly hinder
				  travel to a hearing;
(K) The health
				  and safety of parties, witnesses, representatives, and Appeals Board
				  staff;
(L) Any factors requiring a
				  more expeditious hearing date;
(M)
				  Stipulations of the parties;
(N)
				  Other hardships or impediments raised by a party or witness;
(O) Any other fact deemed relevant by the
				  Administrative Law Judge or Presiding Administrative Law Judge.