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Chapter 3.3. Occupational Safety and Health Appeals Board

Article 4. Hearing

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376. Time and Place of Hearing.


(a) Appeals shall be heard promptly.

(b) Appeals relating to a special order, order to take special action, the reasonableness of the abatement period and an expedited proceeding shall be given priority over other proceedings.

(c) When the Appeals Board is notified that a case is being reviewed by the Bureau of Investigations or any prosecuting authority, the Appeals Board shall delay the hearing until notified that review is concluded or for a period not exceeding three years, whichever occurs earlier. If the Appeals Board is notified that criminal charges have been filed, the Appeals Board shall subsequently extend the delay until completion of the criminal case, which shall be deemed to occur on the date of a verdict of not guilty, a dismissal of the case by a court, or the date of sentencing after a verdict or plea of guilty or no contest. The Appeals Board may also delay the case beyond three years from the date of the incident on the written request of a party or prosecuting authority if necessary to allow the Bureau of Investigations or any prosecuting authority to conclude its review or criminal prosecution of the case.

(d) The Appeals Board shall set the place of the hearing at a location as near as practicable to the place of employment where the violation is alleged to have occurred. When making this determination, the Appeals Board's evaluation will include the location of Appeals Board hearing venues, the availability of Administrative Law Judges, the location of the parties and the witnesses.

(e) When setting hearings, the Appeals Board will consider the following:

(1) The type and complexity of the case.

(2) Whether multiple hearings can be set on the same day without necessitating a continuance.

(3) The parties' projection of the length of time needed for the hearing.

(4) The Administrative Law Judge's projection of the length of time needed for the hearing.

(5) Any other fact deemed relevant by the Administrative Law Judge or Presiding Administrative Law Judge.

Note: Authority cited: Section 148.7, Labor Code. Reference: Sections 148.7, 149.5 and 6308(c), Labor Code.

HISTORY

1. Amendment of subsection (a) filed 8-14-85; effective thirtieth day thereafter (Register 85, No. 33).

2. Amendment filed 10-30-92; operative 11-30-92 (Register 92, No. 44).

3. Repealer and new subsection (c) filed 8-16-99; operative 9-15-99 (Register 99, No. 34).

4. Amendment of subsections (c) and (d) and new subsections (e)-(e)(5) filed 2-8-2012; operative 3-9-2012 (Register 2012, No. 6).


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