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 350.1 - Authority of Administrative Law Judges

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In any proceeding assigned for hearing
				  and decision under the provisions of Labor Code Sections
				  6604 and
				  6605, an
				  Administrative Law Judge shall have full power, jurisdiction and authority to
				  hold a hearing and ascertain facts for the information of the Appeals Board, to
				  hold a prehearing conference, to hold a settlement conference, to hold a status
				  conference, to issue a subpoena and subpoena duces tecum for the attendance of
				  a person and the production of testimony, books, documents, or other things, to
				  compel the attendance of a person residing anywhere in the state, to certify
				  official acts, to regulate the course of a hearing, to grant a withdrawal,
				  disposition or amendment, to order a continuance, to approve a stipulation
				  voluntarily entered into by the parties, to administer oaths and affirmations,
				  to rule on objections, privileges, defenses, and the receipt of relevant and
				  material evidence, to call and examine a party or witness and introduce into
				  the hearing record documentary or other evidence, to request a party at any
				  time to state the respective position or supporting theory concerning any fact
				  or issue in the proceeding, to extend the submittal date of any proceeding, to
				  hear and determine all issues of fact and law presented and to issue such
				  interlocutory and final orders, findings, and decisions as may be necessary for
				  the full adjudication of the matter, or take other action during the pendency
				  of a proceeding to regulate the course of a prehearing, hearing, status
				  conference, or settlement conference, that is deemed appropriate by the
				  Administrative Law Judge to further the purposes of the California Occupational
				  Safety and Health Act. Final orders, findings, and decisions issued by an
				  Administrative Law Judge shall be the orders, findings, and decisions of the
				  Appeals Board unless reconsideration is granted.
(b) In any proceeding which has been assigned
				  for hearing and preparation of a proposed decision pursuant to Section
				  6604(b), an
				  Administrative Law Judge shall have the same power, jurisdiction, and authority
				  as set forth in subdivision (a) above except that a proposed decision shall be
				  prepared in such form that it may be adopted by the Appeals Board as the
				  decision in the matter.
1. Amendment
					 of subsection (a) filed 2-1-84; effective thirtieth day thereafter (Register
					 84, No. 5).
2. Change without regulatory effect filed 6-23-86;
					 effective thirtieth day thereafter (Register 86, No. 26).
3.
					 Amendment of subsection (a) filed 11-26-2007; operative 12-26-2007 (Register
					 2007, No. 48).
4. Amendment of subsection (a) filed 2-8-2012;
					 operative 3-9-2012 (Register 2012, No. 6).
Note: Authority cited: Sections
						148.7,
						149.5,
						6604 and
						6605, Labor
						Code. Reference: Section
						11182,
						Government Code; and Sections
						148.7,
						148.8,
						149.5,
						6604,
						6605 and
						6607, Labor
						Code.