California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.3 - Occupational Safety and Health Appeals Board › Article 3 - Prehearing Procedure Discovery, and Motions › Section 372.3 - Deposition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Appeals
				  Board or a party to the proceeding may cause the deposition of a person to be
				  taken. At the request of a party, the Appeals Board may issue a subpoena re
				  deposition and subpoena duces tecum re deposition to compel the person to
				  appear for deposition, and to produce books, documents, or other things.
				  Compliance with the provisions of Section
				  1985
				  of the Code of Civil Procedure shall be a condition precedent to the issuance
				  of a subpoena duces tecum re deposition.
(b) When a person resides outside the state,
				  the Appeals Board, if requested by a party to the proceeding, shall attempt,
				  when possible, to have a like agency in the other state take the
				  deposition.
(c) A person who is
				  subpoenaed and required to give a deposition is entitled to receive the same
				  witness fees and mileage as if the subpoena required the person to attend and
				  testify at the hearing. See Section
				  382 for amount of witness fees and
				  mileage.
(d) No person is obligated
				  to attend at a place out of the county of residence unless the distance is less
				  than 75 miles from the place of residence except that the Appeals Board, upon
				  affidavit or declaration of a party showing good cause, may endorse on the
				  subpoena re deposition an order requiring the attendance of such
				  person.
(e) Depositions shall be
				  noticed, taken, filed, and used in the manner prescribed by Article 3
				  (commencing with Section
				  2016) of Chapter 3 of Title 3 of
				  Part 4 of the Code of Civil Procedure.
(f) Upon timely motion of a party or the
				  person to be examined or notified to produce books, documents, or other things,
				  or upon its own motion, after notice to the parties and an opportunity to be
				  heard, upon a showing of good cause, the Appeals Board may order that the
				  deposition not be taken, or that it may be taken only at some designated time
				  or place other than stated in the notice of taking deposition or subpoena, or
				  that the deposition may be taken outside the county of residence of the person
				  to be examined and at a place more than 150 miles from the place of residence,
				  or that certain matters shall not be inquired into, or that the scope of the
				  examination shall be limited to certain matters, books, documents, or other
				  things, or that the confidentiality of evidence described at Section
				  376.6(a) be
				  appropriately protected. In addition, the Appeals Board may make any other
				  order as may be appropriate to protect a party or person from unreasonable or
				  oppressive demands.
1. Change
					 without regulatory effect of subsections (c) and (d) filed 6-23-86; effective
					 thirtieth day thereafter (Register 86, No. 26).
2. Amendment of
					 subsection (c) and NOTE filed 6-23-97; operative 7-1-97 (Register 97, No. 26).
					 This interim regulation is exempt from most of the procedural requirements of
					 the Administrative Procedure Act (specifically, from Articles 5 and 6 of
					 Chapter 3.5, Division 3, Title 2, Government Code) and from review by the
					 Office of Administrative Law pursuant to Government Code sections
					 11400.20
					 and
					 11400.21
					 and will expire on December 31, 1998, unless earlier terminated or replaced by,
					 or readopted as, permanent following the procedures of the Administrative
					 Procedure Act.
3. Permanent adoption of amended subsection (c) and
					 NOTE filed 7-11-97; operative 7-11-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 28).
Note: Authority cited: Sections
						148.7 and
						149.5, Labor
						Code. Reference: Sections
						1985,
						1987.5
						and
						2016-
						2036,
						Code of Civil Procedure; Sections
						11181,
						11184,
						68093,
						68097.1
						and
						68097.2,
						Government Code; and Sections
						148.7,
						148.8,
						149.5 and
						6613, Labor
						Code.