EXECUTIVE SUMMARY

OCCUPATIONAL SAFETY AND HEALTH
APPEALS BOARD

Summary of American Alliance Always Available dba Drain Patrol - Denial of Petition for Reconsideration

Employer filed its appeal 50 days past the 15 working day deadline. The citations were served on Employer by certified mail at the Auburn California "satellite" office where the inspection occurred. The receptionist who signed for the citations lost track of them. Employer seeks reconsideration of the order denying its motion for leave to file late appeals, contending that the citations should have been served on the agent for service of process which Employer, an out-of-state corporation, was required to designate as a condition of doing business in California. The Board holds that service on the satellite office was proper and that the internal operating problems that resulted in the late filing attempt were not good cause for allowing the late filing under Labor Code section 6319 and Title 8 section 359. (Kaweah Const. Co. 87-9005 Denial 3/5/87 and other cases are cited.) Reconsideration denied by the Board.

AMERICAN ALLIANCE ALWAYS AVAILABLE dba DRAIN PATROL 01-9051
July 24, 2001