California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.3 - Occupational Safety and Health Appeals Board › Article 1 - General › Section 354 - Party Status

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Division is a party to all proceedings before the Appeals Board, whether or not
				  the Division has appeared or participated in a proceeding.
(b) An affected employee or authorized
				  representative of an affected employee shall be made a party to a proceeding
				  upon motion made in accordance with Section
				  371. When more than one affected
				  employee or more than one authorized employee representative qualify for party
				  status in a proceeding, each may be granted party status in accordance with
				  Section 350.1. A motion for party status
				  shall be heard by the Administrative Law Judge within 30 days of
				  filing.
(c) The rights of an
				  affected employee shall not be lost by reason of that person's death. In the
				  event of the death of an affected employee, a motion to participate as a party
				  may be brought, in accordance with Section
				  371, by the affected employee's
				  survivor. An affected employee's survivor is, in order of priority, the
				  surviving spouse or surviving domestic partner, surviving issue, a surviving
				  dependent, or a surviving parent.
(d) Affected employees or authorized
				  representatives of affected employees shall not participate as parties to
				  employers' cost recovery proceedings pursuant to Section
				  149.5 of the
				  Labor Code.
(e) When an Employee
				  Appeal is filed alleging the unreasonableness of the period allowed by the
				  Division to abate an alleged violation, the employer charged with the
				  responsibility of abating the violation is a party to the proceeding.
(f) An obligor may move to participate as a
				  party to a proceeding by filing a motion in accordance with Section
				  371.
(g) When an obligor appeal is filed from
				  actions taken by the Division, the employer charged may move to participate as
				  a party at any time prior to the beginning of a hearing.
(h) An obligor shall not participate as a
				  party to employers' cost recovery proceedings pursuant to Section
				  149.5 of the
				  Labor Code.
(i) A person whose
				  motion for party status has been granted by the Appeals Board becomes a party
				  to the proceeding and is entitled to service of all documents and notices. Each
				  party shall serve within 10 working days of the order granting party status,
				  copies of all documents previously filed with the Appeals Board and not served
				  on the new party. Service 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
				  Appeals Board.
1. Amendment
					 of subsections (b) and (c) filed 2-1-84; effective thirtieth day thereafter
					 (Register 84, No. 5).
2. Amendment of subsections (b), (e), (h), and
					 NOTE filed 10-30-92; operative 11-30-92 (Register 92, No. 44).
3.
					 Amendment of subsection (h) filed 8-16-99; operative 9-15-99 (Register 99, No.
					 34).
4. Amendment of subsection (b), new subsection (c) and
					 subsection relettering filed 4-15-2013; operative 7-1-2013 (Register 2013, No.
					 16).
5. Amendment of subsections (b) and (i) filed 8-2-2016;
					 operative 10-1-2016 (Register 2016, No. 32).
Note: Authority cited: Sections
						148.7 and
						6603(a),
						Labor Code. Reference: Sections
						148.7,
						6319(b),
						6600 and
						6603(a),
						Labor Code.