reglab/statecodes huggingface dataset:
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.3 - Occupational Safety and Health Appeals Board › Article 1.5 - Service of Documents and Duty to Notify Others of Appeal and Hearing › Section 361.3 - Issues on Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The issues on appeal shall be limited to those arising out
					 of the facts set forth in the Division action, and the grounds set forth in the
					 appeal.
(a) When appealing a citation
				  or citations, the employer shall specify the inspection number listed on the
				  citation(s) and shall specify the individual citation(s) being appealed through
				  reference to both the citation number and item number. For each appealed
				  citation number and item number, the employer shall also specify which of the
				  following components of the Division citation it is challenging in its appeal,
				  as well as any affirmative defenses as described in subsection (b):
(1) The existence of the violation alleged in
				  the underlying citation;
(2) The
				  classification of the violation;
(3) The abatement period;
(4) The reasonableness of the changes
				  required by the Division to abate the violation;
(5) The reasonableness of the proposed
				  penalty.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.3 - Occupational Safety and Health Appeals Board › Article 1.5 - Service of Documents and Duty to Notify Others of Appeal and Hearing › Section 363 - Consolidation and Severance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The Appeals Board may consolidate for hearing and decision any number of
				  proceedings involving the same employer.
(b) Upon motion of a party or upon its own
				  motion, the Appeals Board may consolidate for hearing and decision any number
				  of proceedings involving different employers where the facts and circumstances
				  are similar and consolidation will result in conservation of time and expense.
				  Any party may object to consolidation in writing within 10 days of the date of
				  service of the order of consolidation.
(c) Consolidated proceedings may be severed
				  by the Appeals Board for good cause.
1. Amendment
					 filed 10-30-92; operative 11-30-92 (Register 92, No.
					 44).
Note: Authority cited: Section
						148.7, Labor
						Code. Reference: Section
						148.7, Labor
						Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.3 - Occupational Safety and Health Appeals Board › Article 1.5 - Service of Documents and Duty to Notify Others of Appeal and Hearing › Section 364 - Withdrawal of Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				  employer or obligor may withdraw an appeal by written notification at any time
				  before a decision is final or by oral motion before or during a hearing. The
				  Appeals Board shall issue an order granting the withdrawal of the appeal and
				  serve the order on the participants identified in the official address
				  record.
(b) An appeal so dismissed
				  shall be reinstated by the Appeals Board if the employee or obligor files a
				  written motion with sufficient facts to show that the withdrawal resulted from
				  misinformation, fraud, undue influence, mutual mistake of fact, or violation of
				  applicable law. A motion for reinstatement must be filed with the Appeals Board
				  within 30 days of service of the order granting withdrawal of the appeal. In
				  the event of fraud which could not have been suspected or discovered with the
				  exercise of reasonable diligence, a motion for reinstatement must be filed with
				  the Appeals Board within 30 days of discovery of such fraud.
(c) The motion to reinstate the appeal shall
				  be accompanied by a declaration containing a statement that any facts therein
				  are based upon the personal knowledge of the declarant.
1. Amendment
					 of subsection (a) filed 2-1-84; effective thirtieth day thereafter (Register
					 84, No. 5).
2. Amendment filed 10-30-92; operative 11-30-92
					 (Register 92, No. 44).
3. Amendment of section and NOTE filed
					 5-18-2016; operative 7-1-2016 (Register 2016, No.
					 21).
Note: Authority cited: Section
						148.7, Labor
						Code. Reference: Sections
						148.7 and
						3619(g),
						Labor Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.3 - Occupational Safety and Health Appeals Board › Article 1.5 - Service of Documents and Duty to Notify Others of Appeal and Hearing › Section 364.2 - Settlement Order

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Appeals Board may dispose of an appeal by issuing a Settlement Order, bearing
				  the signature of the Division and the employer or obligor, at any time after
				  the Appeals Board obtains jurisdiction of the appeal. The Division and
				  employer, having agreed to resolution of the issues on appeal, shall submit the
				  terms of the settlement agreement to the Appeals Board for approval with this
				  section. Upon determination of compliance with this section, the Board shall
				  issue a Notice of Acceptance of Settlement Order on all parties listed in the
				  Official Address Record.
(b) A
				  Settlement Order shall contain the following items in addition to the
				  signature(s) of all parties:
(1) Employer
				  name;
(2) Employer
				  address;
(3) Docket
				  number(s);
(4) Citation and item
				  number(s) appealed;
(5) Final
				  penalty amounts for each citation and item number on appeal;
(6) Payment due date(s); and
(7) The following paragraph: "This Settlement
				  Order is a final Order of the Appeals Board and is effective 30 days from the
				  date the Appeals Board issues a Notice of Acceptance of Settlement Order served
				  on all parties, unless a petition for reconsideration is filed with the Appeals
				  Board within those 30 days."
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.3 - Occupational Safety and Health Appeals Board › Article 1.5 - Service of Documents and Duty to Notify Others of Appeal and Hearing › Section 368 - Amendment. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
					 without regulatory effect of subsection (c) filed 6-23-86; effective thirtieth
					 day thereafter (Register 86, No. 26).
2. Repealer filed 10-30-92;
					 operative 11-30-92 (Register 92, No. 44).
Note: Authority cited: Sections
						148.7 and
						6603(a),
						Labor Code. Reference: Sections
						11507 and
						11516,
						Government Code; and Sections
						148.7,
						6317,
						6319 and
						6603(a),
						Labor Code.
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 370 - Application of Article

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This article applies to all proceedings before the Appeals
					 Board brought pursuant to Part 1 (commencing with Section
					 6300) of Division 5 of the Labor
					 Code, Section
					 2950 of the
					 Health and Safety Code and a petition for costs pursuant to Article 6 but not a
					 proceeding under reconsideration pursuant to Article 5.
1. Repealer
					 of Article 3 (Sections
					 372-372.5) and new Article 3
					 (Sections 370-374.1) filed 6-5-80; effective
					 thirtieth day thereafter (Register 80, No. 23). For prior history, see
					 Registers 77, No. 19; 77, No. 2; 76, No. 38; 76, No. 18; and 76, No.
					 11.
2. Editorial correction restoring correct position of article 3
					 heading (Register 2012, No. 6).
Note: Authority cited: Sections
						148.7 and
						149.5, Labor
						Code. Reference: Sections
						148.7 and
						149.5, Labor
						Code.
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 371 - Prehearing Motions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any
				  motion or request for action, any opposition thereto, and any reply relating to
				  any proceeding shall be in writing and directed to the Appeals Board. The
				  caption of each motion or request shall contain the title and docket or
				  petition number of the proceeding and a clear and plain statement of the relief
				  sought, together with the grounds therefor.
(b) Any motion or request, any opposition
				  thereto, and any reply shall be signed by the party filing or by the party's
				  representative, and a copy shall be served on all parties. 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.
(c) Unless otherwise
				  ordered, the following dates shall apply to prehearing motions or requests:
(1) A motion or request shall be served and
				  filed no later than 20 days before the hearing date.
(2) Any opposition to the motion shall be
				  served and filed no later than 10 days from service of the motion or
				  request.
(3) Any reply papers shall
				  be served and filed no later than 5 days before the hearing
				  date.
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 371.1 - Motions Concerning Hearing Dates

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Continuances are disfavored.
(b) A motion for a continuance shall be in
				  writing and made promptly once the reason necessitating the continuance is
				  ascertained. The motion shall be filed with the Appeals Board as required in
				  Section 355.4. 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. In the case of an emergency where the time for the hearing does
				  not permit service as set forth above, service may be made upon a party by fax,
				  email, or personal service. Motions to the Board, however, may not be made by
				  email. The motion shall contain:
(1) The
				  date(s) presently assigned for hearing and the date(s) to which continuance is
				  sought;
(2) A declaration signed
				  under penalty of perjury containing facts in support of the motion;
				  and
(3) An indication of whether
				  the other parties to the appeal were contacted, and if so, their position on
				  the motion. Absent exigent circumstances, the Appeals Board will not rule on
				  the motion without notification of the other party's position or until the time
				  to oppose the motion as provided in (c) has run, whichever comes
				  first.
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 371.2 - Amendments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Amendment of a
				  citation or appeal is permitted in the following circumstances so long as any
				  party opposing the amendment has an opportunity to demonstrate any prejudice
				  that the requested amendment will create. In determining whether prejudice is
				  shown by a party opposing an amendment, consideration shall be given to the
				  specific evidence that the opponent of the amendment would be unable to present
				  because of the timing of the request, if the amendment were granted.
(1) A request for an amendment that does not
				  cause prejudice to any party may be made by a party or the Appeals Board at any
				  time.
(2) A request for an
				  amendment that causes prejudice to the opposing party shall be granted if one
				  of the following circumstances apply:
(A) In
				  the case of a request filed and served at least 20 days before the hearing:
(i) The amended citation or appeal arises out
				  of the same general set of facts as the original citation or appeal such that
				  the amended citation or appeal relates back to the original citation or appeal;
				  and
(ii) The request for the
				  amendment is in writing and directed to the Appeals Board; and
(iii) The request is filed and served
				  pursuant to Sections
				  355.3 and
				  355.4; and
(iv) The party opposing the amendment is
				  provided ten days from the date of service of the request to file and serve
				  written opposition pursuant to Sections
				  355.3 and
				  355.4.
(B) In the case of a request brought less
				  than 20 days before the hearing or during a hearing:
(i) The amended citation or appeal arises out
				  of the same general set of facts as the original citation or appeal such that
				  the amended citation or appeal relates back to the original citation or appeal;
				  and
(ii) The party seeking the
				  amendment shows good cause for the failure to bring such request at least 20
				  days before the hearing; and
(iii)
				  Any prejudice created by granting such amendment can be remedied by a
				  continuance or other order of the Administrative Law
				  Judge.
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 - Identity of Witnesses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
After initiation of a proceeding, a party, upon written
					 request made to another party, is entitled to obtain prior to the hearing the
					 names and addresses of witnesses to the extent known to the other party,
					 including, but not limited to, those intended to be called to testify at the
					 hearing. Nothing in this section requires the disclosure of the identity of a
					 person who submitted a complaint regarding the unsafeness of an employment or
					 place of employment unless that person requests otherwise. A request under this
					 section for a list of witnesses to be called may be satisfied only by the
					 service of a list of witnesses.
1. Amendment
					 filed 8-16-99; operative 9-15-99 (Register 99, No.
					 34).
Note: Authority cited: Sections
						148.7,
						149.5 and
						6603(a),
						Labor Code. Reference: Section
						11507.6,
						Government Code; and Sections
						148.7,
						149.5,
						6309 and
						6603(a),
						Labor Code.
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 372.1 - Access to Documents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
After initiation of a proceeding and prior to the hearing,
					 a party, upon written request made to another party, is entitled to inspect and
					 make a copy of any of the following in the possession or custody or under the
					 control of the other party:
(a) Any
				  statements of parties or witnesses relating to the subject matter of the
				  proceeding;
(b) All writings or
				  things which the party then proposes to offer in evidence;
(c) Any other writing or thing which is
				  relevant and which would be admissible in evidence;
(d) Inspection and investigative reports made
				  by or on behalf of the Division or other party pertaining to the subject matter
				  of the proceeding, to the extent that such reports
(1) Contain the names and addresses of
				  witnesses or of persons having personal knowledge of the acts, omissions or
				  events which are the basis of the proceeding, or
(2) Reflect matters perceived by the Division
				  in the course of its inspection, investigation or survey, or
(3) Contain or include by attachment any
				  statement or writing described in (a) to (c), inclusive, or summary
				  thereof.
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 372.2 - Subpoena and Subpoena Duces Tecum

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Before the hearing has commenced, the
				  Appeals Board shall issue a subpoena and subpoena duces tecum at the request of
				  a party for attendance of a person at a hearing and for production of a
				  document or thing at the hearing or prehearing conference or at any reasonable
				  time and place. After the hearing has commenced, the Appeals Board may, upon a
				  showing of good cause by the requesting party, issue a subpoena or subpoena
				  duces tecum.
(1) The Appeals Board shall have
				  five working days to process any request for a subpoena or subpoena duces
				  tecum. The Board may permit the issuance of a subpoena in less than five
				  working days if the party submits an affidavit establishing good
				  cause.
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 372.4 - Evidence by Affidavit or Declaration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) At any time 10 or more days prior to a
				  hearing or a continued hearing, a party may mail or deliver to the opposing
				  party or parties a copy of any affidavit or declaration which the proponent
				  proposes to introduce in evidence, together with a notice as provided in
				  subdivision (b). Unless an opposing party, within 7 days after such mailing or
				  delivery, mails or delivers to the proponent a request to cross-examine the
				  affiant or declarant, the opposing party's right to cross-examine such affiant
				  or declarant is waived and the affidavit or declaration, if introduced in
				  evidence, shall be given the same effect as if the affiant or declarant had
				  testified orally. If an opportunity to cross-examine an affiant or declarant is
				  not afforded after request therefor is made as herein provided, the affidavit
				  or declaration may be introduced in evidence, but shall be given only the same
				  effect as other hearsay evidence.
(b) The notice referred to in subdivision (a)
				  shall be substantially in the following form:
"The accompanying affidavit or declaration of (here insert
					 name of affiant or declarant) will be introduced as evidence at the hearing in
					 (here insert title and docket number or petition number of proceeding). (Here
					 insert name) will not be called to testify orally and you will not be entitled
					 to question the affiant or declarant unless you notify (name of the proponent,
					 representative, agent or attorney) at (here insert address) that you wish to
					 cross-examine the affiant or declarant. To be effective, your request must be
					 mailed or delivered to (here insert name of proponent, representative, agent or
					 attorney) on or before (here insert a date 7 days after the date of mailing or
					 delivering the affidavit to the opposing party)."
(c) Nothing in this section shall be
				  construed to limit or restrict the use of affidavits pursuant to Labor Code
				  Section
				  6611.
1. Amendment
					 of section heading filed 2-1-84; effective thirtieth day thereafter (Register
					 84, No. 5).
2. Change without regulatory effect of subsections (a)
					 and (b) filed 6-23-86; effective thirtieth day thereafter (Register 86, No.
					 26).
Note: Authority cited: Sections
						148.7,
						149.5 and
						6603(a),
						Labor Code. Reference: Section
						11514,
						Government Code; and Sections
						148.7,
						149.5 and
						6603(a),
						Labor Code.
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 372.5 - Judicial Enforcement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  If any witness refuses to attend or testify or produce any papers required by a
				  subpoena issued by the Appeals Board, a party may file with the Appeals Board a
				  petition for judicial enforcement. The petition shall be verified and shall set
				  forth that due notice of the time and place of attendance of the person or the
				  production of the papers has been given, that the person has been subpoenaed in
				  the manner prescribed by law and these rules, and that the person has failed
				  and refused to attend or produce the papers required by the subpoena in the
				  cause or proceeding named in the subpoena, or has refused to answer the
				  questions propounded in the course of the hearing or deposition.
(b) If the Appeals Board determines that
				  judicial enforcement is appropriate, it will petition the superior court in the
				  county in which the hearing is pending for an order compelling the person to
				  attend and testify or produce the papers pursuant to Government Code Sections
				  11186
				  through
				  11188,
				  inclusive.
1. Change
					 without regulatory effect of subsection (a) filed 6-23-86; effective thirtieth
					 day thereafter (Register 86, No. 26).
2. Amendment of subsection (a)
					 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 (a) 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
						11186-
						11188,
						11455.10
						and
						11455.20,
						Government Code; and Sections
						148.7,
						148.8,
						149.5 and
						6603, Labor
						Code.
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 372.6 - Proceeding to Compel Discovery

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A party, intervenor, or obligor claiming
				  that its request for discovery pursuant to Sections
				  372 and
				  372.1 has not been complied with
				  may serve and file with the Administrative Law Judge or the Appeals Board, if
				  the Appeals Board is hearing the case, a motion to compel discovery naming as
				  respondent the party refusing to comply. The motion shall comply with Section
				  11507.7 of
				  the Government Code and shall state:
(1) Facts
				  showing that respondent refused or failed to comply with Section
				  372 or Section
				  372.1;
(2) A description of the matters sought to be
				  discovered;
(3) The reason or
				  reasons why such matter is discoverable under these rules; and
(4) A reasonable and good faith attempt to
				  contact the respondent for an informal resolution of the issue has been made;
				  and
(5) The ground or grounds of
				  respondent's refusal so far as known.
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 372.7 - Discovery Abuses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Administrative Law Judge or the Appeals Board may impose sanctions on a party
				  who fails to respond to an authorized request for discovery or makes an evasive
				  or incomplete response to discovery where such action results in surprise to
				  the requesting party at the hearing.
(b) Such sanctions may include:
(1) An order prohibiting the introduction of
				  designated matters into evidence by the abusing party; and/or
(2) An order establishing designated facts,
				  claims, or defenses against the abusing party in accordance with the claim of a
				  party adversely affected.
(3) Any
				  other order as the Administrative Law Judge or the Appeals Board may deem
				  appropriate under the circumstances.
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 372.8 - Discovery; Exclusive Provisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The provisions of Sections
					 372,
					 372.1,
					 372.2, and
					 372.3 provide the exclusive right
					 to and method of discovery as to any proceeding within the jurisdiction of the
					 Appeals Board.
1. New
					 section filed 8-2-2016; operative 10-1-2016 (Register 2016, No.
					 32).
2. Amendment filed 4-27-2023; operative 7-1-2023 (Register
					 2023, No. 17).
Note: Authority cited: Sections
						148.7,
						149.5 and
						6603(a),
						Labor Code. Reference: Sections
						148.7,
						149.5 and
						6603(a),
						Labor Code.
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 372.9 - Division Production of Evidence at Filing of Appeal. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 8-2-2016; operative 10-1-2016 (Register 2016, No.
					 32).
2. Repealer filed 7-22-2020; operative 10-1-2020 (Register
					 2020, No. 30).
Note: Authority cited: Sections
						148.7,
						149.5 and
						6603(a),
						Labor Code. Reference: Sections
						148.7,
						149.5 and
						6603(a),
						Labor Code.
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 373 - Expedited Proceeding

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Upon motion of a party or upon its own motion, the Appeals Board may order an
				  expedited proceeding. All parties shall be notified and shall be expected to do
				  all things necessary to complete the proceeding in the minimum time consistent
				  with fairness. Time limits for filing a motion to compel discovery, and for
				  responsive filings under Section
				  372.6 may be shortened as necessary
				  to accommodate the expedited date for disposition of the case.
(b) Where the Appeals Board is aware or is
				  notified that an alleged violation appealed is classified by the Division of
				  Occupational Safety & Health as a Serious, Repeat Serious, Willful Serious,
				  Willful, Willful Repeat or Failure to Abate, and either abatement is on appeal,
				  or abatement has not occurred, the Appeals Board shall expedite the
				  proceeding.
(c) The Appeals Board
				  shall serve parties written explanation of the expedited process, a
				  notification of docketing, a copy of the docketed appeal forms and citations, a
				  copy of the notice advising that the appeal has been perfected, a standing
				  order compelling discovery, a stipulation form, and a status conference notice.
(1) A telephonic status conference shall be
				  held within 30 days of the perfection of the appeal. At that time, the ALJ will
				  confirm that the expedited process is appropriate, review the requirements of
				  the expedited process with the parties, review pending and impending discovery,
				  and make such orders regarding any matter as needed to meet the timetable of
				  this section,
(2) A telephonic
				  prehearing conference shall be held within 60 days of the status conference.
				  The prehearing conference will proceed under Section
				  374. The parties will be required
				  to stipulate to undisputed facts, identify issues, and raise issues regarding
				  the admissibility of evidence. The parties shall identify all witnesses and
				  exhibits they intend to call or introduce at the hearing.
(3) A hearing shall be held within 60 days of
				  the prehearing conference and will be scheduled for one day and adjusted, if
				  necessary.
(4) The Appeals Board or
				  a party may bring a motion to shorten the timeframes set forth in subsections
				  (c)(1)-(3) on a showing of good cause.
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 374 - Prehearing Conference

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  At any time before a hearing, upon motion of a party or upon its own motion,
				  the Appeals Board may notice and order a prehearing conference for the purposes
				  of simplifying the issues, expediting a hearing and affording parties an
				  opportunity to participate in the disposition of the appeal. The prehearing
				  conference may be conducted by means of a telephone conference call.
(b) Each party to a prehearing conference
				  shall be prepared to discuss the issues, stipulate to any factual or legal
				  issue about which there is no dispute, stipulate to the identification and
				  admissibility of documentary evidence, comply with any request for discovery,
				  report on discovery status where the ALJ has compelled discovery prior to the
				  prehearing, and to do such other things as may aid in the disposition of the
				  proceeding.
(c) The failure of a
				  party or its representative to prepare for and participate in the prehearing
				  conference shall be grounds for the imposition of such sanctions, inferences or
				  other orders, then or during the hearing, as the Appeals Board may deem
				  appropriate. These sanctions may include striking or excluding evidence offered
				  by the non-complying party on that dispute, or precluding that party from
				  contesting the position or information on that issue provided by the complying
				  party.
1. Amendment
					 filed 10-30-92; operative 11-30-92 (Register 92, No. 44).
2.
					 Amendment of subsection (b) filed 11-26-2007; operative 12-26-2007 (Register
					 2007, No. 48).
Note: Authority cited: Section
						148.7, Labor
						Code. Reference: Sections
						148.7 and
						149.5, Labor
						Code.
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 374.1 - Prehearing Statement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
At any time before a hearing, a party may file with the
					 Appeals Board a statement of position or trial brief with respect to any issue
					 to be decided.
Note: Authority cited: Sections
						148.7 and
						149.5, Labor
						Code. Reference: Sections
						148.7 and
						149.5, Labor
						Code.
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 374.2 - Status Conference

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  At any time before hearing, upon motion of a party or upon its own motion, the
				  Appeals Board may notice and order a status conference to discuss the issues to
				  be presented, the witnesses to be called, the status of discovery requests,
				  pending and contemplated motions, and any other matters that may aid in
				  expediting the hearing or otherwise disposing of the case. The status
				  conference may be conducted by means of a telephone conference call.
(b) The failure of a party or its
				  representative to appear and participate in the status conference may be
				  grounds for the imposition of such sanctions, inferences or other orders, then
				  or during the hearing, as the Appeals Board may deem appropriate. These
				  sanctions may include striking or excluding evidence offered by the
				  non-complying party on that dispute, or precluding that party from contesting
				  the position or information on that issue provided by the complying
				  party.
1. New
					 section filed 2-8-2012; operative 3-9-2012 (Register 2012, No.
					 6).
Note: Authority cited: Section
						148.7, Labor
						Code. Reference: Sections
						148.7 and
						149.5, Labor
						Code.
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 374.3 - Settlement Conference

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Appeals Board on its own motion, or upon written
					 request of a party, may schedule a settlement conference to be held before an
					 administrative law judge who shall not hear the appeal, unless otherwise
					 stipulated by the parties. Each party shall attend or be represented by a
					 person authorized to negotiate regarding settlement. The settlement conference
					 may be conducted by means of a telephone conference call.
1. New
					 section filed 10-30-92; operative 11-30-92 (Register 92, No.
					 44).
Note: Authority cited: Section
						148.7, Labor
						Code. Reference: Section
						148.7, Labor
						Code.
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 375 - Application of Article

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This article applies to all hearings before the Appeals
					 Board, including a further hearing during reconsideration pursuant to Article 5
					 and a hearing on petition for costs pursuant to Article 6.
1. Repealer
					 of Article 4 (Sections
					 375-385) and new Article 4
					 (Sections 375-385) filed 6-5-80; effective
					 thirtieth day thereafter (Register 80, No. 23).
Note: Authority cited: Sections
						148.7 and
						149.5, Labor
						Code. Reference: Sections
						148.7 and
						149.5, Labor
						Code.
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 375.1 - Assignment to Administrative Law Judge

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Appeals Board may assign to an
				  Administrative Law Judge for hearing and order or decision, or for hearing and
				  proposed order or decision, or for hearing before the Appeals Board itself, any
				  proceeding, any further hearing during reconsideration pursuant to Article 5,
				  and hearing on petition for costs pursuant to Article 6.
(b) The Appeals Board may assign to an
				  Administrative Law Judge any other proceeding that requires a hearing and order
				  or decision.
(c) The Appeals Board
				  may transfer to another Administrative Law Judge any proceeding if no oral
				  testimony has been received. In the event proceedings have commenced and the
				  assigned Administrative Law Judge is unable to complete the proceeding because
				  of death, extended absence or disqualification, the Appeals Board may reassign
				  such proceedings to another Administrative Law Judge who shall conduct a
				  hearing de novo. The hearing de novo may be waived if all parties stipulate
				  that the newly assigned Administrative Law Judge may review the hearing record
				  and all of the evidence received, and that the hearing may proceed as if he had
				  presided from the beginning.
(d)
				  The Appeals Board may assign a further hearing or supplemental proceedings to
				  the Administrative Law Judge who heard the original proceeding.
1. Amendment
					 of subsections (a) and (b) filed 2-1-84; effective thirtieth day thereafter
					 (Register 84, No. 5).
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.
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 375.2 - Objections to Particular Administrative Law Judge

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The name of the particular Administrative
				  Law Judge assigned by the Appeals Board to a proceeding is available upon
				  request at the time the proceeding is noticed for hearing.
(b) A party wishing to object to the
				  assignment of any proceeding to a particular Administrative Law Judge upon any
				  one or more of the grounds specified in Government Code Section
				  11425.40
				  shall, at least 5 working days prior to the scheduled hearing, file with the
				  Appeals Board or Administrative Law Judge a motion to disqualify the assigned
				  Administrative Law Judge together with supporting affidavit or declaration. The
				  hearing shall not begin until the Appeals Board has ruled on the
				  motion.
1. Amendment
					 filed 2-1-84; effective thirtieth day thereafter (Register 89, No.
					 5).
2. Amendment of subsection (b) filed 8-16-99; operative 9-15-99
					 (Register 99, No. 34).
Note: Authority cited: Sections
						148.7 and
						149.5, Labor
						Code. Reference: Section
						641,
						Code of Civil Procedure; and Sections
						148.7,
						149.5, and
						6606, Labor
						Code.
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 376.1 - 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 witnesses; to introduce exhibits; to question
				  opposing witnesses on any matter relevant to the issues even though that matter
				  was not covered in the direct examinations; to impeach any witness regardless
				  of which party first called the witness to testify; and to rebut any opposing
				  evidence. If a party does not testify on his or her behalf, the party may be
				  called and examined as if under cross-examination.
(c) The Appeals Board may call and examine a
				  party or witness and may, on its own motion, admit any relevant and material
				  evidence.
(d) The taking of
				  evidence in a hearing shall be controlled by the Appeals Board in the manner
				  best suited to ascertain the facts and safeguard the rights of the parties.
				  Prior to taking evidence, the Appeals Board shall define the issues and explain
				  the order in which evidence will be received.
(e) Once a hearing has commenced and until a
				  decision is issued, all motions or questions regarding the proceeding shall be
				  referred to the assigned administrative law judge. If written, the motion shall
				  be served in a manner as prescribed in Section
				  355.3 and
				  355.4 and proof of service meeting
				  the requirements of those sections shall be filed with the Appeals Board. An
				  opposing party may respond in the manner and within such time as the
				  administrative law judge may direct.
(f) Continuance requests shall be entertained
				  at the hearing only in cases of:
(1)
				  unforeseen emergencies, including, but not limited to, death or illness of a
				  party, witness, or representative, or
(2) non-appearance of a subpoenaed witness
				  whose testimony is material to the outcome of the proceeding or
(3) good cause.
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 376.2 - Evidence Rules

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The hearing need not be conducted according to technical
					 rules relating to evidence and witnesses. Any relevant evidence shall be
					 admitted if it is the sort of evidence on which responsible persons are
					 accustomed to rely in the conduct of serious affairs, regardless of the
					 existence of any common law or statutory rule which might make improper the
					 admission of such evidence over objection in civil actions. Hearsay evidence
					 may be used for the purpose of supplementing or explaining other evidence but
					 over timely objection shall not be sufficient in itself to support a finding
					 unless it would be admissible over objection in civil actions. An objection to
					 hearsay evidence is timely if made before submission of the case or raised in a
					 petition for reconsideration. The rules of privilege shall be effective to the
					 extent that they are otherwise required by statute to be recognized at the
					 hearing and irrelevant evidence shall be excluded. The Appeals Board may
					 exclude evidence if its probative value is substantially outweighed by the
					 probability that its admission will necessitate undue consumption of
					 time.
1. Amendment
					 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.
2. Permanent adoption of amended section 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,
						149.5 and
						6603(a),
						Labor Code. Reference: Section
						11513,
						Government Code; and Sections
						148.7,
						149.5,
						6603(a)
						and
						6612, Labor
						Code.
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 376.3 - Official Notice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In
				  reaching a decision, official notice may be taken, either before or after
				  submission of the proceeding for decision, of any generally accepted technical
				  or scientific matter within the field of occupational safety and health, and
				  determinations, rulings, orders, findings and decisions, required by law to be
				  made by the Division, the Appeals Board or the Standards Board.
(b) The Appeals Board shall take official
				  notice of those matters set forth in Section
				  451 of the
				  Evidence Code, including but not limited to:
(1) The decisional, constitutional, and
				  public statutory law of this State and of the United States and the provisions
				  of any county or city charter;
(2)
				  The contents of each occupational safety and health standard and order or
				  notice of the repeal of such standard and order;
(3) The true signification of all English
				  words and phrases and of all legal expressions;
(4) Facts and propositions of generalized
				  knowledge that are so universally known that they cannot reasonably be the
				  subject of dispute.
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 376.4 - Return of Exhibit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  During the pendency of any proceeding, an exhibit received in evidence may be
				  released into the custody of a party or representative upon stipulation of all
				  parties or upon order of the Appeals Board or the Administrative Law Judge
				  conducting the hearing.
(b) The
				  following types of exhibits shall be released to a party by stipulation or
				  order for safe-keeping until the legal process results in a final
				  determination:
(1) Oversized documents that
				  cannot be scanned into an electronic case file;
(2) Demonstrative evidence that cannot be
				  scanned into an electronic case file;
(3) Any other evidence that has been accepted
				  as evidence, and that the Administrative Law Judge holding the hearing, or the
				  Appeals Board, determines is inappropriate for repository in an electronic case
				  file.
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 376.6 - Confidential Evidence

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any
				  exhibit which contains or which might reveal a trade secret referred to in
				  Section 1905 of Title 18 of the United
				  States Code, information that is confidential pursuant to Chapter 3.5
				  (commencing with Section
				  6250) of Division 7 of Title 1 of
				  the Government Code, or photographs taken by the Division during the course of
				  any inspection or investigation, shall be considered confidential.
(b) The Appeals Board shall issue such orders
				  as may be appropriate to protect the confidentiality of trade secrets or other
				  such confidential information.
(c)
				  If testimony is taken which would reveal the substance of trade secrets or
				  other such confidential information, the Appeals Board may exclude from the
				  hearing room any person or witness; but a party to the proceeding, the party's
				  representative, and the inspector or investigator for the Division and the
				  Division's representative shall not be excluded.
1. Change
					 without regulatory effect of subsection (c) filed 6-23-86; effective thirtieth
					 day thereafter (Register 86, No. 26).
Note: Authority cited: Sections
						148.7 and
						149.5, Labor
						Code. Reference: Sections
						148.7,
						149.5,
						6314(a)
						and
						6322, Labor
						Code.