Chapter 3.3. Occupational Safety and Health Appeals Board

Article 4. Hearing

§376.1. Conduct of Hearing.

(a) Testimony shall be taken only on oath, affirmation, or penalty of perjury.

(b) Each party shall have these rights: To call and examine witnesses; to introduce exhibits; to question opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examinations; to impeach any witness regardless of which party first called the witness to testify; and to rebut any opposing evidence. If a party does not testify on his or her behalf, the party may be called and examined as if under cross-examination.

(c) The Appeals Board may call and examine a party or witness and may, on its own motion, admit any relevant and material evidence.

(d) The taking of evidence in a hearing shall be controlled by the Appeals Board in the manner best suited to ascertain the facts and safeguard the rights of the parties. Prior to taking evidence, the Appeals Board shall define the issues and explain the order in which evidence will be received.

(e) Once a hearing has commenced and until a decision is issued, all motions or questions regarding the proceeding shall be referred to the assigned administrative law judge. If written, the motion shall be served in a manner as prescribed in Section 355(c) and proof of service meeting the requirements of Section 355(e) shall be filed with the Appeals Board. An opposing party may respond in the manner and within such time as the administrative law judge may direct.

(f) Continuance requests shall be entertained at the hearing only in cases of: (1) unforeseen emergencies, including, but not limited to, death or illness of a party, witness, or representative, or (2) non-appearance of a subpoenaed witness whose testimony is material to the outcome of the proceeding.

NOTE: Authority cited: Sections 148.7 and 6603(a), Labor Code. Reference: Section 11513, Government Code; and Sections 148.7, 149.5 and 6603(a), Labor Code.

HISTORY

1. Change without regulatory effect of subsection (b) filed 6-23-86; effective thirtieth day thereafter (Register 86, No. 26).

2. Amendment of subsections (b) and (e), new subsection (f), and amendment of Note filed 10-30-92; operative 11-30-92 (Register 92, No. 44).