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

§425. Judicial Enforcement.

(a) If any witness refuses to attend or testify or produce any papers required by a subpoena issued by the Standards Board, any party may file with the board a petition for judicial enforcement. The petition shall be verified and shall set forth that due notice of time and place of attendance of the person or the production of the papers has been given, that the person has been subpoenaed in the manner prescribed by law or these rules and that he/she has failed and refused to attend or produce the papers required by subpoena before the officer in the case or proceeding named in the subpoena, or has refused to answer questions propounded to him/her in the course of the hearing.

(b) If the Standards Board determines that judicial enforcement is appropriate it will petition the superior court in the county in which the hearing is pending for an order compelling the person to attend and testify or produce the papers pursuant to Government Code Sections 11186 through 11188, inclusive.

NOTE: Authority cited: Section 143.2, Labor Code. Reference: Sections 143.2 and 6457, Labor Code; and Sections 11186-11188, Government Code.

HISTORY

1. New NOTE 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 subsection (a) filed 2-25-91; operative 3-27-91 (Register 91, No. 14).

3. Editorial correction of printing errors in subsection (b) and History 1 (Register 94, No. 2).