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Chapter 3.3. Occupational Safety and Health Appeals Board

Article 4. Hearing

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§375.2. Objections to Particular Administrative Law Judge.

(a) The name of the particular Administrative Law Judge assigned by the Appeals Board to a proceeding is available upon request at the time the proceeding is noticed for hearing.

(b) A party wishing to object to the assignment of any proceeding to a particular Administrative Law Judge upon any one or more of the grounds specified in Government Code Section 11425.40 shall, at least 5 working days prior to the scheduled hearing, file with the Appeals Board or Administrative Law Judge a motion to disqualify the assigned Administrative Law Judge together with supporting affidavit or declaration. The hearing shall not begin until the Appeals Board has ruled on the motion.

NOTE: Authority cited: Sections 148.7 and 149.5, Labor Code. Reference: Section 641, Code of Civil Procedure; and Sections 148.7, 149.5, and 6606, Labor Code.


HISTORY

1. Amendment filed 2-1-84; effective thirtieth day thereafter (Register 89, No. 5).

2. Amendment of subsection (b) filed 8-16-99; operative 9-15-99 (Register 99, No. 34).


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