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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 4. Hearings and Decisions

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§422. Witnesses and Subpoenas.

(a) A party shall arrange for the presence of his/her witnesses at a hearing in a variance proceeding.

(b) A subpoena may be issued by the Standards Board or a hearing officer on the board's or hearing officer's own motion.

(c) A subpoena to compel the attendance of a witness shall be issued by the hearing officer upon request made by a party and a showing of the need therefor.

(d) An application for subpoena duces tecum for the production by a witness of books, papers, correspondence, memoranda, or other records, including records of the Division, shall be made by affidavit to the hearing officer and shall give the name and address of the person to be subpoenaed, shall describe the matters or things desired to be produced and show the materiality thereof to the issues involved in the proceeding and that, to the best of the applicant's knowledge, the witness has such matters or things in his/her possession or under his/her control.

(e) If the hearing officer finds that the affidavit is complete and supports the application for the subpeona duces tecum, the hearing officer shall issue the requested subpoena.

(f) Each party shall arrange for the service of all subpoenas, including subpoenas duces tecum, issued to the party. A copy of the affidavit for subpoenas duces tecum shall be served with such subpoena.

NOTE

Authority cited: Section 143.2, Labor Code; and Section 11400.20, Government Code. Reference: Sections 143.2 and 6457, Labor Code; and Section 11450.20, Government Code.

HISTORY

1. Amendment of subsection (d) 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 (a), (d) and (e) filed 2-25-91; operative 3-27-91 (Register 91, No. 14).

3. Editorial correction of printing error in subsection (e) (Register 94, No. 2).

4. New subsection (e), subsection relettering, amendment of newly designated subsection (f) and amendment of Note filed 6-26-2003; operative 7-26-2003 (Register 2003, No. 26).

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