Chapter 3.3. Occupational Safety and Health Appeals Board

Article 3. Prehearing Procedure Discovery, and Motions

§372.5. Judicial Enforcement.

(a) If any witness refuses to attend or testify or produce any papers required by a subpoena issued by the Appeals Board, a party may file with the Appeals Board a petition for judicial enforcement. The petition shall be verified and shall set forth that due notice of the time and place of attendance of the person or the production of the papers has been given, that the person has been subpoenaed in the manner prescribed by law and these rules, and that the person has failed and refused to attend or produce the papers required by the subpoena in the cause or proceeding named in the subpoena, or has refused to answer the questions propounded in the course of the hearing or deposition.

(b) If the Appeals Board determines that judicial enforcement is appropriate, it will petition the superior court in the county in which the hearing is pending for an order compelling the person to attend and testify or produce the papers pursuant to Government Code Sections 11186 through 11188, inclusive.

NOTE: Authority cited: Sections 148.7 and 149.5, Labor Code. Reference: Sections 11186-11188, 11455.10 and 11455.20, Government Code; and Sections 148.7, 148.8, 149.5 and 6603, Labor Code.

HISTORY

1. Change without regulatory effect of subsection (a) filed 6-23-86; effective thirtieth day thereafter (Register 86, No. 26).

2. Amendment of subsection (a) and Note filed 6-23-97; operative 7-1-97 (Register 97, No. 26). This interim regulation is exempt from most of the procedural requirements of the Administrative Procedure Act (specifically, from Articles 5 and 6 of Chapter 3.5, Division 3, Title 2, Government Code) and from review by the Office of Administrative Law pursuant to Government Code sections 11400.20 and 11400.21 and will expire on December 31, 1998, unless earlier terminated or replaced by, or readopted as, permanent following the procedures of the Administrative Procedure Act.

3. Permanent adoption of amended subsection (a) and Note filed 7-11-97; operative 7-11-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 28).