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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

§424.1. Official and Judicial Notice.

(a) In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any generally accepted technical or scientific matter within the field of occupational safety and health, and determinations, rulings, orders, findings and decisions, required by law to be made by the Division, the Appeals and the Standards Board.

(b) The Standards Board shall take official notice of those matters set forth in Sections 451 and 452 of the Evidence Code.

(c) Each party shall be given reasonable opportunity to present information relevant to (1) the propriety of taking official notice, and (2) the tenor of matters to be noticed.

NOTE

Authority cited: Section 143.2, Labor Code. Reference: Sections 451 and 452, Evidence Code; and Sections 143.2 and 6457, Labor Code.

HISTORY

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

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

3. Amendment of section heading and amendment of subsections (b) and (c) filed 6-26-2003; operative 7-26-2003 (Register 2003, No. 26).

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