Chapter 3.3. Occupational Safety and Health Appeals Board

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

§364. Withdrawal of Appeal.

(a) An employer or obligor may withdraw an appeal by written notification at any time before a decision is final or by oral motion before or during a hearing. The Appeals Board shall issue an order granting the withdrawal of the appeal and serve the order on the participants identified in the official address record.

(b) An appeal so dismissed shall be reinstated by the Appeals Board if the employee or obligor files a written motion with sufficient facts to show that the withdrawal resulted from misinformation, fraud, undue influence, mutual mistake of fact, or violation of applicable law. A motion for reinstatement must be filed with the Appeals Board within 30 days of service of the order granting withdrawal of the appeal. In the event of fraud which could not have been suspected or discovered with the exercise of reasonable diligence, a motion for reinstatement must be filed with the Appeals Board within 30 days of discovery of such fraud.

(c) The motion to reinstate the appeal 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: Sections 148.7 and 3619(g), 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).

3. Amendment of section and Note filed 5-18-2016; operative 7-1-2016 (Register 2016, No. 21).