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Chapter 3.5. Occupational Safety and Health Standards Board
Subchapter 1. Rules of Procedure for Permanent Variances and Appeals from Temporary Variances

Article 1. General

§405.1. Authority of Hearing Officers.

(a) Every hearing in a variance or appeal from a temporary variance proceeding shall be presided over by a hearing officer.

(b) When the Standards Board or a hearing panel hears the matter, the hearing officer shall preside at the hearing, rule on the admission and exclusion of evidence, and advise the Board or panel on matters of law; the Board or panel shall exercise all other powers relating to the conduct of the hearing but may delegate all or any of them to the hearing officer. When the hearing officer alone hears a matter, the hearing officer shall exercise all powers relating to the conduct of the hearing.

(c) A hearing officer or Standards Board member shall voluntarily disqualify himself/herself and withdraw from any case in which he/she cannot accord a fair and impartial hearing or consideration.

NOTE

Authority cited: Section 143.2, Labor Code. Reference: Sections 143, 143.1, 143.2 and 6457, Labor Code.

HISTORY

1. Amendment filed 7-19-82; effective thirtieth day thereafter (Register 82, No. 30).

2. Change without regulatory effect pursuant to section 100, title 1, California Code of Regulations amending subsections (b) and (c) filed 2-25-91; operative 3-27-91 (Register 91, No. 14).

3. Amendment of subsection (b) and amendment Note filed 1-9-2003; operative 2-8-2003 (Register 2003, No. 2).

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