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Chapter 3.2. California Occupational Safety and Health Regulations (CAL/OSHA)
Article 1.6. Adjudicative Hearings--General Rules of Practice and Procedure--Denial, Suspension or Revocation of Permits, Licenses, Certifications, Registrations or Other Authorizations and Orders Prohibiting Use, Issued by the Division of Occupational Safety and Health

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§340.49 Official Notice.

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

(b) The Presiding Officer shall take official notice of those matters set forth in section 451 of the Evidence Code and may take official notice of those matters set forth in section 452 of the Evidence Code.

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

NOTE

Authority cited: Sections 60.5 and 6308, Labor Code; and Section 11400.20, Government Code. Reference: Sections 60.5 and 6308, Labor Code; and Section 11400.20, Government Code.

HISTORY

1. New section filed 8-26-2002; operative 9-25-2002 (Register 2002, No. 35).

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