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 4 - Hearings and Decisions › Section 423 - Conduct of Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Testimony shall be taken only on oath, affirmation, or penalty of
					 perjury.
(b) Each party shall have
					 these rights: To call and examine parties and witnesses; to introduce exhibits;
					 to question opposing witnesses and parties on any matter relevant to the issues
					 even though that matter was not covered in the direct examination; to impeach
					 any witness regardless of which party first called him/her to testify; and to
					 rebut the evidence against him/her.
(c) The Standards Board members or hearing
					 officer may question any party or witness and may admit any relevant and
					 material evidence.
(d) The taking
					 of evidence in a hearing shall be controlled by the hearing officer in the
					 manner best suited to ascertain the facts and safeguard the rights of the
					 parties. Prior to taking evidence, the hearing officer shall explain the issues
					 and the order in which evidence will be received.
(e) The hearing shall be conducted in the
					 English language. On the notice of hearing the Board shall notify each party of
					 the right to an interpreter. A party or a party's witness who does not
					 proficiently speak the English language shall be provided an interpreter if a
					 request for language assistance is provided to the Board at least ten working
					 days prior to the date of the hearing. A party may provide its own interpreter,
					 if the interpreter is approved by the hearing officer as proficient in the
					 English language and the language in which the witness will testify. The
					 hearing officer shall approve any person whose name appears on the current list
					 of interpreters published by the State Personnel Board. The interpreter shall
					 not have any involvement in the issues of the case prior to the
					 hearing.
(f) The cost of the
					 interpreter shall be paid by the Standards Board if the hearing officer so
					 directs, otherwise by the party requiring the interpreter. This determination
					 shall be made consistent with Government Code Section
					 11435.25(b).
1.
						Amendment of subsection (e) 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 subsection (b) filed 2-25-91; operative 3-27-91 (Register
						91, No. 14).
3. Editorial correction of printing error in subsection
						(d) (Register 94, No. 2).
4. Amendment of subsections (e) and (f)
						and amendment of NOTE filed 6-26-2003; operative 7-26-2003 (Register 2003, No.
						26).
Note: Authority cited: Section
						  143.2, Labor
						  Code; and Section
						  11400.20,
						  Government Code. Reference: Sections
						  143.2 and
						  6457, Labor
						  Code; and Sections
						  11425.10,
						  11435.15,
						  11435.20,
						  11435.25,
						  11435.30,
						  11435.55,
						  11435.60
						  and
						  11435.65,
						  Government Code.