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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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§340.47 Discovery

(a) Upon written request made to the other party prior to hearing, a party to the proceeding is entitled to obtain 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 unsafe nature of an employment or place of employment unless the complainant requests otherwise.

(b) A party is entitled upon written request to inspect and make copies of any of the following materials in the possession or custody or under the control of the other party:

(1) Any statements of parties or witnesses relating to the subject matter of the proceeding;

(2) All writings or things which the party then proposes to offer in evidence;

(3) Any other writing or thing which is relevant and which would be admissible in evidence;

(4) 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: contain the names and addresses of witnesses or persons having personal knowledge of the acts, omissions or events which are the basis of the proceeding; reflect matters perceived by the Division or other party in the course of its inspection, investigation or survey; or contain or include by attachment any statement or writing described in this section.

(c) The parties shall arrange for a mutually-agreeable time for exchange of requested materials and information but in no event later than 24 hours prior to the time set for hearing.

(d) The Presiding Officer may, upon written request by either party, make provision for timely completion of discovery.

NOTE

Authority cited: Sections 60.5 and 6308, Labor Code; and Section 11400.20, Government Code. Reference: Sections 60.5, 6308 and 6309, 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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