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

§426. Decision; Action on Proposed Decision.

(a) A variance hearing may be held before the Standards Board itself, a hearing panel or a hearing officer. If a proceeding is heard before the Standards Board itself or a hearing panel, the hearing officer, if requested, shall assist and advise them. Where a proceeding is heard before the Standards Board itself, no member of the Board who did not hear the evidence shall vote on the decision.

(b) If a proceeding is heard by a hearing panel or a hearing officer, the panel or hearing officer shall prepare a proposed decision in such form that it may be adopted by the Board as the decision in the proceeding. The proposed decision shall be a public record and a copy of the proposed decision shall be served by the Standards Board on each party. The Board may adopt the proposed decision or decide the case itself as provided in subdivision (c) below.

(c) If the proposed decision is not adopted as provided in subdivision (b), the Standards Board itself may decide the case upon the record, with or without taking additional evidence, or may refer the case to a hearing panel or hearing officer to take additional evidence.

(1) If the case is assigned to a hearing panel or hearing officer, the hearing panel or hearing officer shall prepare a proposed decision as provided in subdivision (b) based on the additional evidence and the record of the prior hearing. A copy of the proposed decision shall be furnished to each party as prescribed in subdivision (b).

(2) If the case is heard by the Standards Board itself, and the Board chooses to take additional evidence, the parties shall be afforded the opportunity to present either oral or written argument before the Board itself. If additional oral evidence is introduced before the Board itself, no Board member may vote unless the member heard the additional oral evidence.

NOTE

Authority cited: Section 143.2, Labor Code; and Section 11400.20, Government Code. Reference: Sections 143, 143.2 and 6457, Labor Code; and 11425.10, 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 (d) filed 2-25-91; operative 3-27-91 (Register 91, No. 14).

3. Amendment of section and Note filed 6-26-2003; operative 7-26-2003 (Register 2003, No. 26).