Chapter 3.3. Occupational Safety and Health Appeals Board

Article 1. General

§352. Ex Parte Communication.

(a) Except as provided in subsection (b), a person shall not communicate with Appeals Board Members or Administrative Law Judges of the Appeals Board regarding a proceeding.

(b) The following communications are permitted:

(1) Written communications, if copies of them are contemporaneously served by the communicator on all parties to a proceeding in accordance with Sections 355(c) and 355(e);

(2) Oral communications, if advance notice of them is given by the communicator to all parties to a proceeding and adequate opportunity is afforded to all parties to participate in the communication;

(3) Oral or written requests for information related solely to the procedure of the Appeals Board or status of a proceeding;

(4) Oral or written communications which all the parties to a proceeding have agreed may be made on an ex parte basis;

(5) Oral or written communications proposing settlement, or an agreement for disposition of any or all issues in a proceeding; and

(6) Oral or written communications concerning a proceeding, if made more than 30 days after service by the Appeals Board of a final order or decision in that proceeding.

NOTE: Authority cited: Section 148.7, Labor Code. Reference: Sections 148.7 and 149.5, Labor Code.

HISTORY

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

2. Repealer and new text and amendment of Note filed 10-30-92; operative 11-30-92 (Register 92, No. 44).

3. Amendment of subsection (a) filed 8-16-99; operative 9-15-99 (Register 99, No. 34).