Chapter 3.3. Occupational Safety and Health Appeals Board

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

§364.2. 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 356(a).

(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.

HISTORY

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, No. 44).

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