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Chapter 3.3. Occupational Safety and Health Appeals Board
Article 4. Hearing
§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.
1. Amendment filed 2-1-84; effective thirtieth day thereafter (Register 89,
2. Amendment of subsection (b) filed 8-16-99; operative 9-15-99 (Register 99,
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