Chapter 3.3. Occupational Safety and Health Appeals Board

Article 5. Reconsideration

§392.4. Motions During Reconsideration Process.

(a) Any motion or request for action, any opposition thereto, and any reply relating to any proceeding under reconsideration by the Appeals Board shall be in writing and directed to the Appeals Board's Sacramento office. The caption of each motion, request, opposition or reply shall contain the title and docket or petition number of the proceeding and a clear and plain statement of the relief sought, together with the grounds therefor.

(b) Any motion or request, or opposition thereto, and any reply shall be signed by the party filing or by the party's representative, and a copy shall be served on all parties. Service shall be in the manner prescribed in Section 355(c) and proof of service meeting the requirements of Section 355(c) shall be filed with the Appeals Board.

(c) Unless otherwise ordered, a motion or request may be served and filed at any time after reconsideration has been granted, but no later than 45 days before the date set forth in subsection (1) below:

(1) The Appeals Board shall notify the parties at least 90 days prior to the last day for making motions or requests relating to any proceeding under reconsideration.

(2) A motion or request shall be served and filed no later than 45 days before the date specified by the Appeals Board in 392.4(c)(1).

(3) Any opposition to such motion or request shall be served and filed no later than 30 days from service of the motion or request.

(4) Any reply papers shall be served and filed no later than 15 days from service of the opposition papers.

(d) A request to file a motion, request, opposition or reply later than the times specified in 392.4(c) may be granted in the Appeals Board's discretion if accompanied by a declaration showing good cause for the late filing.

<General Materials (GM) - References, Annotations, or Tables>

   Note: Authority cited: Section 148.7, Labor Code. Reference: Sections 6617 and 6620, Labor Code.

 HISTORY 

   

1. New section filed 11-26-2007; operative 12-26-2007 (Register 2007, No. 48).