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Chapter 3.3. Occupational Safety and Health Appeals Board

Article 1. General

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§347. Definitions.

For the purpose of these rules:

(a) "Administrative Law Judge" means any person appointed by the Appeals Board pursuant to Labor Code Sections 6605 and 6607 as a hearing officer to conduct hearings and to decide matters within the jurisdiction of the Appeals Board;

(b) "Affected Employee" means an employee of a cited employer who is exposed to the alleged hazard described in the citation as a result of assigned duties;

(c) "Appeals Board" or "Board" means the Occupational Safety and Health Appeals Board, and includes the chairperson and members of the Appeals Board, administrative law judges, and staff of the Appeals Board;

(d) "Authorized Employee Representative" means a labor organization which has a collective bargaining relationship with the cited employer and which represents affected employees or an employee organization which has been formally acknowledged by a public agency as an employee organization that represents affected employees of the public agency;

(e) "Completed Appeal Form" means all required blanks filled in and boxes checked, with the signature of employer or employer's representative, and citation(s) appealed from attached to the appeal form.

(f) "Day", unless specifically stated otherwise means calendar day.

(g) "Declaration" means a certification in substantially the following form:

  (1) If executed within California:  

  I declare under penalty of perjury that the foregoing is true and correct.  

  Executed at _____________ (City), California on _______________ (Date),  

  (Signature) ____________________________________ (Typed or printed name)  

  (2) If executed outside California:  

  I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.  

  _________________ (Signature) _______________________  

  (Date) (Typed or printed name)  

(h) "Division" means the Division of Occupational Safety and Health;

(i) "Division Action" means any citation, notice, special order, order to take special action, notification of penalty, notification of failure to abate alleged violation and of additional civil penalty, or notification of failure to return a signed statement of abatement issued by the Division pursuant to Part 1 (commencing with Section 6300) of Division 5 of the Labor Code or Section 2950 of the Health and Safety Code, which by statute may be appealed to the Appeals Board;

(j) "Docketed Appeal" means any completed appeal form which has been received by the Appeals Board and assigned a specific docket number;

(k) "Employee" means every person who is required or directed by any employer, to engage in any employment, or to go to work or be at any time in any place of employment;

(l) "Employee Appeal" means any appeal filed by an employee from the period allowed by the Division to abate the alleged violation;

(m) "Employer" means the state and every state agency, each county, city, district, and all public and quasi-public corporations and public agencies therein, every person including any public service corporation, which has any natural person in service, and the legal representative of any deceased employer;

(n) "Hearing" means any hearing before the Appeals Board or an Administrative Law Judge set for the purpose of receiving evidence;

(o) "Hearing Record" means the official record of evidence taken by electronic device in any proceeding before the Appeals Board;

(p) "Intervenor" means a person, group of persons, trade association, legal foundation, or public or private interest group who has been granted leave to intervene in any proceeding;

(q) "Memorandum of Items of Costs" means an itemization of costs claimed pursuant to Section 149.5 of the Labor Code;

(r) "Obligor" means a person other than an employer who is obligated to an employer to repair any machine, device, apparatus, or equipment and to pay any penalties assessed against an employer;

(s) "Participation Notice" means a notice informing affected employees of their right to participate in certain proceedings;

(t) "Party" means a person who has made an appearance before the Appeals Board and been granted party status;

(u) "Person" means an individual, firm, partnership, trust, estate, association, corporation, company, or other entity.

(v) "Petition for Costs" means any claim for reasonable costs to be awarded by the Appeals Board pursuant to Section 149.5 of the Labor Code;

(w) "Proceeding" means any adjudicatory action begun by the filing of an appeal and includes a hearing, prehearing conference, petition for costs, reconsideration, or any other act that may result in an order or decision of the Appeals Board;

(x) "Representative" means a person authorized by a party or intervenor to represent that party or intervenor in a proceeding;

(y) "Rule" means any section set forth in this chapter adopted by the Appeals Board;

(z) "Working Days" means any day that is not a Saturday, Sunday or State-recognized holiday as provided in Government Code Sections 6700 and 6701.

<General Materials (GM) - References, Annotations, or Tables>

     Note: Authority cited: Section 148.7, Labor Code. Reference: Section 2015.5, Code of Civil Procedure; Sections 148.7, 149.5, 6301, 6302, 6304, 6304.1 and 6305(b), Labor Code.  

1. Amendment filed 2-1-84; effective thirtieth day thereafter (Register 84, No. 5).

2. Amendment of subsections (f) and (g) filed 8-14-85; effective thirtieth daythereafter (Register 85, No. 33).

3. Change without regulatory effect of subsections (b) and (t) filed 6-23-86; effective thirtieth day thereafter (Register 86, No. 26).

4. New subsections (e)-(e)(1) and relettering, amendment of subsections (g), (h) and (k), new subsection (s) and relettering, and amendment of subsection (u) and  Notefiled 10-30-92; operative 11-30-92 (Register 92, No. 44).

5. Amendment of subsection (c), new subsections (e)-(f) and subsection relettering filed 11-26-2007; operative 12-26-2007 (Register 2007, No. 48).

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