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Chapter 3.3. Occupational Safety and Health Appeals Board

Article 1.5. Service of Documents and Duty to Notify Others of Appeal and Hearing

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§355. Proper Method of Service.

(a) The Appeals Board shall maintain in each proceeding an official address record which shall contain the names and addresses of all parties and intervenors and their representatives. Documents sent by the Appeals Board to the official address of record for the employer that are returned or undeliverable may result in dismissal of the appeal if the Appeals Board is unable to effectively communicate with the employer.

(b) Any change or substitution in the name-and address of any party or intervenor, or its representative, must be communicated, in writing, promptly, and in no case more than 30 days after the change, to the Appeals Board's Sacramento office. The written communication must also be served on all parties and intervenors. Failure to communicate changes or substitutions promptly in writing by the employer may result in dismissal of the appeal if the Appeals Board is unable to effectively communicate with the employer.

(c) Service on a party or intervenor who has appeared through a representative shall be made upon such representative.

(d) Unless otherwise required, service may be made by personal delivery or by depositing the document in a post office, mailbox or mail chute, or other like facility regularly maintained by the United States Postal Service, sealed, properly addressed, with first-class postage prepaid, by deposit with a carrier guaranteeing overnight delivery, or by facsimile ( "FAX") machine, as provided in subsections (i) and (j) below.

(e) Service is complete at the time of personal delivery or mailing.

(f) Proof of service shall be filed with the document and may be made by any of the following means:

  (1) Affidavit or declaration of service by personal delivery, mail, overnight courier or FAX;  

  (2) Written statement endorsed upon the document served and signed by the party making the statement; or  

  (3) Letter of transmittal.  

(g) Proof of service by the Appeals Board may be made by endorsement on the document served, setting forth the fact of service on the persons listed on the official address record on the date of service. The endorsement shall state whether such service was made personally, by mail, overnight courier or FAX, the date of service and the signature of the person making the service.

(h) Where service is made by the posting of a document, citation, notice, order or decision, proof or certification of such posting shall be filed with the issuing office of the Division not later than the second working day following the posting.

(i) The Appeals Board may serve documents on parties and parties may file documents with the Appeals Board and serve them on other parties by means of FAX under the following conditions:

  (1) The length of the document to be filed and/or served shall be no more than twelve (12) pages including cover page and attachments;  

  (2) A cover sheet shall be attached containing the number of pages transmitted, the FAX number of the sender, the sender's telephone number, and the name of a contact person;  

  (3) If a document is filed by FAX, all parties shall be served in the same manner or by guaranteed overnight delivery. The FAX transmission shall include a proof of service indicating the method of service on each party.  

(j) A document is considered received on the following working day if transmission begins later than 5:00 p.m. Pacific Time.

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

     Note: Authority cited: Section 148.7, Labor Code. Reference: Sections 148.7, 149.5 and 6610, Labor Code.  

1. New article heading and renumbering and amendment of former section 353 to section 355 filed 10-30-92; operative 11-30-92 (Register 92, No. 44).

2. Amendment of section, including renumbering and amendment of former section 355.1 to new subsections (h)-(i), and amendment of Notefiled 8-16-99; operative 9-15-99 (Register 99, No. 34).

3. Amendment of section heading and subsection (a), new subsection (b), subsection relettering and amendment of newly designated subsection (d) filed 11-26-2007; operative 12-26-2007 (Register 2007, No. 48).

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