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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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§340.50 Confidential Evidence.

(a) A Presiding Officer shall consider confidential any exhibit which might reveal a trade secret referred to in section 1905 of Title 18 of the United States Code, information that is confidential pursuant to Chapter 3.5 (commencing with section 6250) of Division 7 of Title 1 of the Government Code, or photographs taken by the Division during the course of any inspection or investigation.

(1) The Presiding Officer shall issue necessary orders to protect the confidentiality of such information, including the exclusion of witnesses during the course of the hearing if testimony might tend to reveal the substance of the confidential information.

(2) Parties shall request confidentiality at the time the evidence is submitted.

NOTE

Authority cited: Sections 60.5 and 6308, Labor Code; and Section 11400.20, Government Code. Reference: Sections 60.5, 6308, 6314 and 6322, 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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