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

§ 380. Briefs.

(a) Either by motion for leave to file a post-hearing brief made by a party or at the request of the Administrative Law Judge, upon a determination that the brief will be productive and will not unreasonably delay the disposition of the proceeding, a post-hearing brief may be filed. Post-hearing briefs shall be filed simultaneously on a date certain ordered by the Administrative Law Judge. The Administrative Law Judge may alternatively order a different briefing schedule for the filing of post-hearing briefs. Service on a party of the post-hearing brief shall be in a manner as prescribed in Section 355.3 and proof of such service meeting the requirements of Section 355.3 shall be filed with the post-hearing brief. The original brief shall be filed with the Appeals Board pursuant to Section 355.4 on or before the date specified by the Administrative Law Judge.

(b) Post-hearing briefs shall be limited to 15 pages and consistent with provisions of Section 355.5 related to preparation of documents, unless larger documents are allowed by order of the Administrative Law Judge.

(c) Post-hearing briefs shall contain reference to definitive legal authorities in support of a party's contentions made at the hearing.

(d) An Administrative Law Judge has the discretion to require pre-hearing briefs when briefing would assist the Administrative Law Judge and the parties in identifying or clarifying issues for the hearing or other issues arising before the hearing.

Note: Authority cited: Section 148.7, Labor Code. Reference: Sections 148.7 and 149.5, Labor Code.

HISTORY

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

2. Amendment of section heading, repealer of subsection (a) and subsection (b) designator and amendment of section filed 8-16-99; operative 9-15-99 (Register 99, No. 34).

3. Amendment filed 8-2-2016; operative 10-1-2016 (Register 2016, No. 32).