Chapter 3.3. Occupational Safety and Health Appeals Board
Article 4. Hearing

§ 376.7. Hearing Recording.

(a) The official recording for hearings shall be made by one of the following methods:

(1) By the Appeals Board by means of an electronic device; or

(2) By a certified court reporter.

(b) A party desiring the presence of a court reporter must arrange for the presence of a certified court reporter to record the entire hearing. The court reporter's transcript of the hearing may be designated as the official recording of the hearing. A copy of the transcript of the entire hearing shall be provided to the Appeals Board at no cost to the Appeals Board whether or not the hearing participants request that the hearing be transcribed. Any costs associated with the use of a court reporter shall be paid by the party requesting the court reporter or other arrangement by stipulation among all of the parties, intervenors, or obligors participating in the hearing. Whether a certified court reporter shall be used to create the official recording of the proceedings shall be determined by the Administrative Law Judge conducting the hearing before commencement of the hearing.

(c) If the hearing was recorded by the Appeals Board and a party, intervenor, or obligor wishes to have the hearing recording transcribed by a certified court reporter and have the transcript become the official recording, the parties, intervenors, or obligors shall make arrangements with a certified court reporter to have the recording transcribed. The transcript shall not be the official recording of the hearing proceedings unless all parties stipulate that the hearing recording may be used as the official recording and an Administrative Law Judge or the Appeals Board issues an order making the transcript the official recording of the hearing. A copy of the transcript must be provided to the Appeals Board at no cost to the Appeals Board. Any costs associated with the use of a court reporter to transcribe a hearing recording shall be paid by the party requesting the transcript or other arrangement by stipulation among all of the hearing participants.

(d) Notwithstanding the provisions of subsections (a) through (c), as required in Labor Code Section 6628, the Board shall be responsible to certify the record submitted to the reviewing court.

Note: Authority cited: Section 148.7, Labor Code. Reference: Sections 6603, 6608, 6620, 6621 and 6629, Labor Code.

HISTORY

1. New section filed 10-30-92; operative 11-30-92 (Register 92, No. 44).

2. Amendment of subsection (a), repealer and new subsection (b) and new subsections (b)(1)-(d) filed 8-2-2016; operative 10-1-2016 (Register 2016, No. 32).