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Chapter 3.3. Occupational Safety and Health Appeals Board
Article 4. Hearing
§383. Failure to Appear.
(a) If after service of a notice of hearing, notice of consolidated hearing, or
continuance, a party fails to appear at a hearing either in person or by representative,
the Appeals Board may take the proceeding off calendar; may, after notice, dismiss
the proceeding; or may receive evidence from any party that appears.
(b) Any proceeding may be reinstated by the Appeals Board if the non-appearing
party files a written motion, no later than ten (10) days after receipt of notification
of intent to dismiss, that contains sufficient facts to establish a reasonable
basis for the failure to appear at the hearing. A party opposing the reinstatement
of any proceeding may file a response no later than ten (10) days from service
of the reinstatement request. The motion and response shall be accompanied by
a declaration containing a statement that any facts therein are based upon the
personal knowledge of the delcarant. Service shall be in a manner as prescribed
in Section 355(c) and proof of such service meeting the requirements of Section
355(e) shall be filed with the Appeals Board.
NOTE: Authority cited: Section 148.7, Labor Code. Reference: Sections 148.7,
149.5 and 6611, Labor Code.
1. Amendment filed 10-30-92; operative 11-30-92 (Register 92, No. 44).
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