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Chapter 3.3. Occupational Safety and Health Appeals Board

Article 5. Reconsideration

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391.1. Filing of Petition for Reconsideration -- Date.


(a) A petition meeting all requirements of these regulations and the Labor Code shall be deemed filed on the date indicated on the proof of service. If there is no proof of service, the date of filing shall be the date of hand delivery to the Sacramento Office of the Appeals Board or the mailing date.

(b) A petition that is not properly verified upon oath and/or not accompanied by a proof of service shall be considered filed in accordance with subsection (a) if the petitioner perfects the petition by filing the verification and/or proof of service within five days of the date of service of a letter from the Appeals Board noting the omission(s).

(c) Failure to perfect a petition in accordance with Subsection (b) shall result in the dismissal of the petition.

NOTE: Authority cited: Section 148.7, Labor Code. Reference: Sections 6614, 6615, 6620, 6624, and 6625, Labor Code.

HISTORY

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

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