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Chapter 3.3. Occupational Safety and Health Appeals Board
Article 4. Hearing
§375.1. Assignment to Administrative Law Judge.
(a) The Appeals Board may assign to an Administrative Law Judge for hearing and
order or decision, or for hearing and proposed order or decision, or for hearing
before the Appeals Board itself, any proceeding, any further hearing during reconsideration
pursuant to Article 5, and hearing on petition for costs pursuant to Article 6.
(b) The Appeals Board may assign to an Administrative Law Judge any other proceeding
that requires a hearing and order or decision.
(c) The Appeals Board may transfer to another Administrative Law Judge any proceeding
if no oral testimony has been received. In the event proceedings have commenced
and the assigned Administrative Law Judge is unable to complete the proceeding
because of death, extended absence or disqualification, the Appeals Board may
reassign such proceedings to another Administrative Law Judge who shall conduct
a hearing de novo. The hearing de novo may be waived if all parties stipulate
that the newly assigned Administrative Law Judge may review the hearing record
and all of the evidence received, and that the hearing may proceed as if he had
presided from the beginning.
(d) The Appeals Board may assign a further hearing or supplemental proceedings
to the Administrative Law Judge who heard the original proceeding.
NOTE: Authority cited: Sections 148.7, 149.5, 6604 and 6605, Labor Code. Reference:
Section 11182, Government Code; and Sections 148.7, 148.8, 149.5, 6604, 6605
and 6607, Labor Code.
1. Amendment of subsections (a) and (b) filed 2-1-84; effective thirtieth day
thereafter (Register 84, No. 5).
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