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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

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§340.43 Designation of Presiding Officer and Notification of Hearing.

(a) Upon receipt of a request for an appeal hearing regarding the Division's denial of an application for a permit, license, certification, registration, or other authorization, the Director or the Director's Chief Counsel shall designate a Presiding Officer to conduct the hearing. Upon receipt of a request for hearing regarding the suspension or revocation of a permit, license, certification, registration, or other authorization, the Chief of the Division shall designate a Presiding Officer to conduct the hearing. The Presiding Officer may be a Deputy Chief, Regional Manager, or other designated representative. For hearings regarding the issuance of Orders Prohibiting Use, the District Manager shall serve as Presiding Officer.

(b) The Department or Division shall notify the appellant of the date, time and location of the hearing, and of the name of the Presiding Officer. The date and time of the hearing shall be subject to the specific provisions of the statute or regulation, if any, authorizing the action. Where no statute or regulation imposes specific time limitations, a hearing shall be set so as to provide sufficient time for preparation and attendance at the hearing, but in no event less than five working days following the receipt of a request for hearing, unless appellant agrees to or requests an earlier hearing. Hearings regarding the issuance of an OPU shall be held within 24 hours following receipt of the appellant's request for a hearing, unless appellant agrees to or requests a later hearing.

(c) The Presiding Officer may change the date, time and location of the hearing for good cause upon his or her own motion or upon the written motion of either party at any time prior to the hearing.

(d) The appellant must immediately notify all affected employees, former employees, and employee representatives, if any, of the date, time and location of the hearing along with a description of the purpose for the hearing, by posting the notification of hearing or otherwise providing written notice. The notification of hearing must remain posted in a conspicuous place for at least three working days or until the date of the hearing, whichever is less.

(e) The Division or Department may serve the notification of hearing, as required under subsection (b), personally, by facsimile or by overnight delivery.

NOTE

Authority cited: Sections 60.5 and 6308, Labor Code; and Section 11400.20, Government Code. Reference: Sections 60.5, 6308 and 6327, Labor Code; and Section 11400.20, Government Code.

HISTORY

1. New section filed 8-26-2002; operative 9-25-2002 (Register 2002, No. 35).

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