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Chapter 3.3. Occupational Safety and Health Appeals Board
Article 3. Prehearing Procedure Discovery, and Motions
§372.4. Evidence by Affidavit or Declaration.
(a) At any time 10 or more days prior to a hearing or a continued hearing, a party
may mail or deliver to the opposing party or parties a copy of any affidavit or
declaration which the proponent proposes to introduce in evidence, together with
a notice as provided in subdivision (b). Unless an opposing party, within 7 days
after such mailing or delivery, mails or delivers to the proponent a request to
cross-examine the affiant or declarant, the opposing party's right to cross-examine
such affiant or declarant is waived and the affidavit or declaration, if introduced
in evidence, shall be given the same effect as if the affiant or declarant had
testified orally. If an opportunity to cross-examine an affiant or declarant is
not afforded after request therefor is made as herein provided, the affidavit
or declaration may be introduced in evidence, but shall be given only the same
effect as other hearsay evidence.
(b) The notice referred to in subdivision (a) shall be substantially in the following
The accompanying affidavit or declaration of (here insert name of affiant
or declarant) will be introduced as evidence at the hearing in (here insert title
and docket number or petition number of proceeding). (Here insert name) will not
be called to testify orally and you will not be entitled to question the affiant
or declarant unless you notify (name of the proponent, representative, agent or
attorney) at (here insert address) that you wish to cross-examine the affiant
or declarant. To be effective, your request must be mailed or delivered to (here
insert name of proponent, representative, agent or attorney) on or before (here
insert a date 7 days after the date of mailing or delivering the affidavit to
the opposing party).
(c) Nothing in this section shall be construed to limit or restrict the use of
affidavits pursuant to Labor Code Section 6611.
NOTE: Authority cited: Sections 148.7, 149.5 and 6603(a), Labor Code. Reference:
Section 11514, Government Code; and Sections 148.7, 149.5 and 6603(a), Labor
1. Amendment of section heading filed 2-1-84; effective thirtieth day thereafter
(Register 84, No. 5).
2. Change without regulatory effect of subsections (a) and (b) filed 6-23-86;
effective thirtieth day thereafter (Register 86, No. 26).
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