This article applies to all petitions for reconsideration, all orders of reconsideration on the Appeals Board's own motion, all answers in response, if any, and the taking of additional evidence by further hearing.

(a) A party aggrieved by an order or decision may, within 30 days of service of such order or decision, petition the Appeals Board for reconsideration with respect to any matters determined or covered by the order or decision. The petition for reconsideration shall be filed at the Appeals Board in Sacramento, California, and shall be deemed filed on the date it is delivered or mailed to the Appeals Board.

(b) A party may, within 30 days of service of any petition for reconsideration, file an answer with the Appeals Board.

© Any petition for reconsideration and answer shall be signed by the party filing or by his representative and, except for those agencies listed at section 446 of the Code of Civil Procedure, verified upon oath.

(a) The petition for reconsideration shall be based upon one or more of the following grounds:

(1) That by the order or decision the Appeals Board acted without or in excess of its powers;

(2) That the order or decision was procured by fraud;

(3) That the evidence received by the Appeals Board does not justify the findings of fact;

(4) That petitioner has discovered new material evidence which the petitioner could not, with reasonable diligence, have discovered and produced at the hearing;

(5) That the findings of fact do not support the order or decision.

(b) Upon reconsideration, the Appeals Board may:

(1) Affirm, rescind, alter, or amend the findings, order or decision, or

(2) Direct the taking of additional evidence either by submission or by further hearing as provided in sections 393 and 394.

© If the Appeals Board is satisfied that no additional evidence is necessary, after considering the record, it may enter its order, findings, or decision after reconsideration.

(a) At any time within 30 days of the filing of any order or decision, the Appeals Board may, on its own motion, order reconsideration with respect to any matters determined or covered by the order or decision. The Appeals Board shall notify the parties if it orders reconsideration.

(b) A party may, within 30 days of service of any order of reconsideration, file an answer with the Appeals Board.

© Any answer shall be signed by the party filing or by the representative and, except for those agencies listed at section 446 of the Code of Civil Procedure, verified upon oath.

(a) If within 30 days of the filing of an order or decision no petition for reconsideration has been filed, and no reconsideration has been ordered on the Appeals Board's own motion, the order or decision is a final order of the Appeals Board and not subject to review by any court or agency.

(b) Any petition for reconsideration shall be deemed to have been denied by the Appeals Board if it is not acted upon within 45 days of service and the order or decision is a final order of the Appeals Board and not subject to review by any court or agency. The Appeals Board may, however, upon a showing of good cause, extend the time within which it may act upon the petition for a period not exceeding 15 days.

The Appeals Board may stay, suspend or postpone the order or decision pending an order, findings, or decision after reconsideration.

A petition for reconsideration shall set forth specifically and in full detail the grounds upon which the petitioner considers the order or decision to be unjust or unlawful, and every issue to be considered by the Appeals Board on reconsideration. Any objection or issue not raised in the petition for reconsideration is deemed waived by the petitioner. The petition for reconsideration will be denied if it contains no more than allegations of the statutory grounds for reconsideration, unsupported by specific references to the record and principles of law involved.

(a) A petition meeting all requirements of these regulations and the Labor Code shall be deemed filed on the date indicated on the proof of service. If there is no proof of service, the date of filing shall be the date of hand delivery to the Sacramento Office of the Appeals Board or the mailing date.

(b) A petition that is not properly verified upon oath and/or not accompanied by a proof of service shall be considered filed in accordance with subsection (a) if the petitioner perfects the petition by filing the verification and/or proof of service within five days of the date of service of a letter from the Appeals Board noting the omission(s).

© Failure to perfect a petition in accordance with subsection (b) shall result in the dismissal of the petition.

A petition for reconsideration, supplemental petition, answer, and supplemental answer shall be served on all parties who have been joined in the proceeding at the time of filing. Service shall be in a manner as prescribed in section 355© and proof of such service meeting the requirements of section 355(e) shall be filed with the Appeals Board.

(a) If a petition for reconsideration has been timely filed, a motion to file a supplemental petition may be granted at the discretion of the Appeals Board. If the motion is granted, the Appeals Board shall include in the order the date by which the supplemental petition must be received.

(b) An opposing party may file an answer to a supplemental petition no later than 30 days from the service of the supplemental petition, regardless of whether an initial answer was filed.

(a) The Appeals Board shall promptly mail a copy of the hearing tape(s) to any requesting party upon receipt of a written request. The request may be made in person, by mail, or by facsimile.

(b) A party may request that the tape(s) be sent via overnight delivery.

© The requesting party shall bear the cost of reproduction and postage.

When reconsideration has been granted, either by petition or on the Appeals Board's own motion, the Appeals Board may request that additional evidence be submitted. Notice and an opportunity to respond to the request shall be given to all parties.

(a) When reconsideration has been granted either by petition or on the Appeals Board's own motion, the Appeals Board may order that additional evidence be taken at a further hearing. Notice of the time and place of further hearing shall be given to all parties and to such other persons as the Appeals Board may direct.

(b) The issues on further hearing shall be limited to those set forth in the order.

© The time limit at section 385(a) for filing an order or decision shall not apply to further hearings during reconsideration.