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Chapter 3.3. Occupational Safety and Health Appeals Board
General Criteria (See Construction Safety Orders, Title 8, CCR S 1712).

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§352. Ex Parte Communication.

(a) Except as provided in subsection (b), a party, intervenor, obligor, and their representatives shall not communicate with Appeals Board Members or Administrative Law Judges of the Appeals Board regarding a proceeding.
(b) The following communications are permitted:
(1) Written communications, if copies of the document(s) are contemporaneously served by the communicator on all parties, intervenors, obligors, and their representatives to a proceeding in accordance with Sections 355.3 and 355.4;
(2) Oral communications, if advance notice of the communication(s) is given by the communicator to all parties, intervenors, obligors, and their representatives to a proceeding and adequate opportunity is afforded to all such persons to participate in the communication;
(3) Oral or written communications which all parties, intervenors, obligors, and their representatives to a proceeding have agreed may be made on an ex parte basis;
(4) Oral or written communications proposing settlement, or an agreement for disposition of any or all issues in a proceeding; and
(5) Oral or written communications concerning a proceeding, if made more than 30 days after service by the Appeals Board of a final order or decision in that proceeding.
(c) If an ex parte communication not within the exceptions allowed in subsection (b) is received by the Administrative Law Judge, the Administrative Law Judge who received the communication shall, as soon as practicable after receipt, inform all parties of the communication by providing the writing to all other parties or, if the communication is not in writing, providing either a written or verbal summary to all parties.
(d) An oral or written request for information related solely to the procedure of the Appeals Board or the status or schedule of a proceeding are not ex parte communications.
Note: Authority cited: Section 148.7, Labor Code. Reference: Sections 148.7, 149.5 and 6603, Labor Code.
1. Amendment of subsection (b) filed 2-1-84; effective thirtieth day thereafter (Register 84, No. 5).
2. Repealer and new text and amendment of Note filed 10-30-92; operative 11-30-92 (Register 92, No. 44).
3. Amendment of subsection (a) filed 8-16-99; operative 9-15-99 (Register 99, No. 34).
4. Amendment of section and Note filed 8-2-2016; operative 10-1-2016 (Register 2016, No. 32).

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