Chapter 3.3. Occupational Safety and Health Appeals Board

Article 4. Hearing

§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) In cases being reviewed by the Bureau of Investigations, unless the employer submits a written request that its appeal go forward in the normal course, the Appeals Board shall delay the hearing until the conclusion of a review of the case by the Bureau of Investigations or for a period not exceeding 2 years, whichever occurs earlier. The period may be extended beyond 2 years at a party's request if necessary to allow the Bureau of Investigations to conclude its review 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.

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).