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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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§ 364.2. Settlement Order.

(a) The Appeals Board may dispose of an appeal by issuing a Settlement Order, bearing the signature of the Division and the employer or obligor, at any time after the Appeals Board obtains jurisdiction of the appeal. The Division and employer, having agreed to resolution of the issues on appeal, shall submit the terms of the settlement agreement to the Appeals Board for approval with this section. Upon determination of compliance with this section, the Board shall issue a Notice of Acceptance of Settlement Order on all parties listed in the Official Address Record.
(b) A Settlement Order shall contain the following items in addition to the signature(s) of all parties:
(1) Employer name;
(2) Employer address;
(3) Docket number(s);
(4) Citation and item number(s) appealed;
(5) Final penalty amounts for each citation and item number on appeal;
(6) Payment due date(s); and
(7) The following paragraph: “This Settlement Order is a final Order of the Appeals Board and is effective 30 days from the date the Appeals Board issues a Notice of Acceptance of Settlement Order served on all parties, unless a petition for reconsideration is filed with the Appeals Board within those 30 days.”
(c) Full settlements of all appealed matters associated with a specific inspection number may be concluded and resolved by the parties by entering into a Settlement Order as described in subsection (a) or by Order of the Appeals Board. Partial settlements may be entered into by stipulation of the parties and are effective when approved by the assigned Administrative Law Judge.
(d) The Division shall serve a copy of the Settlement Order on any authorized employee representative if known to the Division to represent affected employees. Service shall be in a manner as prescribed in Section 355.3 and proof of such service meeting the requirements of Section 355.3 shall be filed with the Appeals Board.
(e) The employer shall post for 30 working days a copy of the Settlement Order. Posting shall be in a manner as prescribed in Section 356, subsection (a).
(f) Within 30 days of the date of the Notice of Acceptance of Settlement Order, any party, intervenor, or obligor aggrieved may file a petition for reconsideration of the Settlement Order on the basis of fraud, misrepresentation, mutual mistake of fact, or undue influence in the formation of the Settlement Order, or the Board may order reconsideration on its own motion consistent with Section 390.2. If no petition for reconsideration is timely filed, the Settlement Order is a final order of the Appeals Board.
Note: The Appeals Board will make available an optional form for containing the items described in subsections (b)(1) through (b)(7).
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).
3. Amendment of section heading and section filed 8-2-2016; operative 10-1-2016 (Register 2016, No. 32).


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