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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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§364. Withdrawal of Appeal.


(a) An appellant may withdraw an appeal by written notification at any time before a decision is issued or by oral motion on the hearing record. The Appeals Board shall grant such withdrawal by letter, order or decision served on the parties.

(b) An appeal so dismissed shall be reinstated by the Appeals Board if the appellant files a written motion with sufficient facts to show that the withdrawal resulted from misinformation given by the Division or the Appeals Board, or from fraud or coercion. A motion for reinstatement must be filed within 60 days of service of the letter, order or decision or, in the event of fraud which could not have been suspected or discovered with the exercise of reasonable diligence, within 60 days of discovery of such fraud. The motion shall be accompanied by a declaration containing a statement that any facts therein are based upon the personal knowledge of the declarant.

NOTE: Authority cited: Section 148.7, Labor Code. Reference: Section 148.7, Labor Code.

HISTORY

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

2. Amendment filed 10-30-92; operative 11-30-92 (Register 92, No. 44).



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