Chapter 3.3. Occupational Safety and Health Appeals Board

Article 3. Prehearing Procedure Discovery, and Motions

§371.1. Motions Concerning Hearing Dates.

(a) Continuances are disfavored.

(b) A motion for a continuance shall be made in writing and shall be made promptly once the reason necessitating a continuance is ascertained. The motion shall be directed to the Appeals Board. 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. It shall contain:

(1) The date(s) presently assigned for hearing and the date(s) to which continuance is sought;

(2) Facts in support of the motion; and

(3) An indication of whether the other parties to the appeal were contacted, and if so, their position on the motion.

(c) Any opposition to a motion for continuance shall be filed with the Appeals Board at any time prior to a ruling on the motion. 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.

(d) The motion shall be granted in the following circumstances:

(1) An emergency arises, including, but not limited to, death or illness of a party, witness, or representative; or

(2) Any other reason constituting good cause, if the motion is made no later than 15 days after service of the hearing notice.

(e) The following circumstances shall not constitute good cause:

(1) Failure to obtain representation, unless a substitution is required through no fault of the party.

(2) Failure of another party to comply with a request for discovery, unless the Appeals Board orders a continuance of the hearing after a motion to compel discovery has been filed pursuant to Section 372.6. A continuance of the hearing may be ordered only if:

(A) a motion to compel discovery was filed at a time which would not have foreseeably delayed the hearing, or good cause for such later filing is shown, and

(B) the matters sought to be discovered are of sufficient importance to warrant a continuance of the hearing.

Note: At-hearing sanctions for discovery abuses are specified in Section 372.7 of these regulations.

(f) Once a motion for continuance has been ruled on by the Appeals Board, a motion for continuance based on the same grounds shall not be entertained at the hearing.

NOTE: Authority cited: Section 148.7, Labor Code. Reference: Sections 148.7 and 149.5, Labor Code.

HISTORY

1. New section filed 10-30-92; operative 11-30-92 (Register 92, No. 44).

2. Amendment of subsection (e)(2) and new subsections (e)(2)(A)-(B) filed 8-16-99; operative 9-15-99 (Register 99, No. 34).