Chapter 3.3. Occupational Safety and Health Appeals Board

Article 1. General

§350.1. Authority of Administrative Law Judges.

(a) In any proceeding assigned for hearing and decision under the provisions of Labor Code Sections 6604 and 6605, an Administrative Law Judge shall have full power, jurisdiction and authority to hold a hearing and ascertain facts for the information of the Appeals Board, to hold a prehearing conference, to hold a settlement conference, to hold a status conference, to issue a subpoena and subpoena duces tecum for the attendance of a person and the production of testimony, books, documents, or other things, to compel the attendance of a person residing anywhere in the state, to certify official acts, to regulate the course of a hearing, to grant a withdrawal, disposition or amendment, to order a continuance, to approve a stipulation voluntarily entered into by the parties, to administer oaths and affirmations, to rule on objections, privileges, defenses, and the receipt of relevant and material evidence, to call and examine a party or witness and introduce into the hearing record documentary or other evidence, to request a party at any time to state the respective position or supporting theory concerning any fact or issue in the proceeding, to extend the submittal date of any proceeding, to hear and determine all issues of fact and law presented and to issue such interlocutory and final orders, findings, and decisions as may be necessary for the full adjudication of the matter, or take other action during the pendency of a proceeding to regulate the course of a prehearing, hearing, status conference, or settlement conference, that is deemed appropriate by the Administrative Law Judge to further the purposes of the California Occupational Safety and Health Act. Final orders, findings, and decisions issued by an Administrative Law Judge shall be the orders, findings, and decisions of the Appeals Board unless reconsideration is granted.

(b) In any proceeding which has been assigned for hearing and preparation of a proposed decision pursuant to Section 6604(b), an Administrative Law Judge shall have the same power, jurisdiction, and authority as set forth in subdivision (a) above except that a proposed decision shall be prepared in such form that it may be adopted by the Appeals Board as the decision in the matter.

Note: Authority cited: Sections 148.7, 149.5, 6604 and 6605, Labor Code. Reference: Section 11182, Government Code; and Sections 148.7, 148.8, 149.5, 6604, 6605 and 6607, Labor Code.

HISTORY

1. Amendment of subsection (a) filed 2-1-84; effective thirtieth day thereafter (Register 84, No. 5).

2. Change without regulatory effect filed 6-23-86; effective thirtieth day thereafter (Register 86, No. 26).

3. Amendment of subsection (a) filed 11-26-2007; operative 12-26-2007 (Register 2007, No. 48).

4. Amendment of subsection (a) filed 2-8-2012; operative 3-9-2012 (Register 2012, No. 6).