Section 340.42 Request for Hearing

This information is provided free of charge by the Department of Industrial Relations from its web site at www.dir.ca.gov. These regulations are for the convenience of the user and no representation or warranty is made that the information is current or accurate. See full disclaimer at http://www.dir.ca.gov/od_pub/disclaimer.html.

Chapter 3.2. California Occupational Safety and Health Regulations (CAL/OSHA)
Article 1.6. Adjudicative Hearings--General Rules of Practice and Procedure--Denial, Suspension or Revocation of Permits, Licenses, Certifications, Registrations or Other Authorizations and Orders Prohibiting Use, Issued by the Division of Occupational Safety and Health

(a) Within five working days after receipt of the Division's denial of an application for any license, permit, certification, registration or other authorization, or the suspension or revocation of a permit, license, certification, registration or other authorization, or the issuance of an Order Prohibiting Use, the affected applicant or employer may request a hearing to review the validity of the Division's action.

(b) The request for hearing must be in writing and must set forth specific reasons why the Division's action was improper. An appellant's failure to mail or otherwise deliver a request for hearing within five working days of receipt of notification of the action will result in the Division's action being considered final and not subject to review, except where review is otherwise provided by law.

(1) For the denial of an application for a permit, license, certification, registration or other authorization, the written request for hearing shall be mailed or otherwise delivered to the headquarters office of the Director.

(2) For the suspension or revocation of a permit, license, certification, registration, or other authorization, the written request for hearing shall be mailed or otherwise delivered to the headquarters of the Division.

(3) For the issuance of an Order Prohibiting Use, the request for hearing shall be mailed or otherwise delivered to the District Manager of the district office which issued the Order Prohibiting Use.

Authority cited: Sections 60.5 and 6308, Labor Code; and Section 11400.20, Government Code. Reference: Sections 60.5 and 6308, Labor Code; and Section 11400.20, Government Code.