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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
§364.2. Disposition of Appeal.
(a) Upon a showing of good cause, the Appeals Board may dispose of the issues
on appeal by granting a written motion of the parties made at any time or an oral
motion of the parties made on the hearing record or in the prehearing conference.
(b) The Division shall serve a copy of the disposition on any authorized employee
representative if known to the Division to represent affected employees. Service
shall be in a manner as prescribed in Section 355(c) and proof of such service
meeting the requirements of Section 355(e) shall be filed with the Appeals Board.
(c) The Appeals Board shall grant such disposition by order or decision served
on the parties.
(d) The employer shall post for 15 working days a copy of the order or decision
and a copy of the disposition. Posting shall be in a manner as prescribed in Section
(e) An appeal hearing will be taken off calendar if a disposition is received
by the Appeals Board's Sacramento office before 10:00 a.m. on the working day
preceding the first day of the hearing. If the terms of the disposition are given
orally, confirmation by both the employer and the Division is required. The Appeals
Board may allow up to 30 days for submission in writing of such oral dispositions.
NOTE: Authority cited: Sections 148.7 and 6603(a), Labor Code. Reference: Sections
148.7 and 6614, Labor Code.
1. Amendment of subsections (b) and (d), repealer and new subsections (e), and
repealer of subsection (f) filed 10-30-92; operative 11-30-92 (Register 92,
2. Amendment of subsection (a) filed 8-16-99; operative 9-15-99 (Register 99,
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