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Chapter 3.3. Occupational Safety and Health Appeals Board
Article 1. General
§352. Ex Parte Communication.
(a) Except as provided in subsection (b), a person shall not communicate with
Appeals Board Members or Administrative Law Judges of the Appeals Board regarding
(b) The following communications are permitted:
(1) Written communications, if copies of them are contemporaneously served by
the communicator on all parties to a proceeding in accordance with Sections 355(c)
(2) Oral communications, if advance notice of them is given by the communicator
to all parties to a proceeding and adequate opportunity is afforded to all parties
to participate in the communication;
(3) Oral or written requests for information related solely to the procedure of
the Appeals Board or status of a proceeding;
(4) Oral or written communications which all the parties to a proceeding have
agreed may be made on an ex parte basis;
(5) Oral or written communications proposing settlement, or an agreement for disposition
of any or all issues in a proceeding; and
(6) 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
Authority cited: Section 148.7, Labor Code. Reference: Sections 148.7 and 149.5,
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,
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