Chapter 3.3. Occupational Safety and Health Appeals Board
Article 1.5. Service of Documents and Duty to Notify Others of Appeal and Hearing

§ 355.2. Proper Method of Service by Appeals Board.

(a) Parties, intervenors, obligors, and their representatives shall elect postal mail or email as their preferred method of service, but not both, for documents served on them by the Appeals Board. If a party does not disclose an email address in the Official Address Record, service shall be by postal mail.

(1) Notwithstanding subsection (a), when a hearing or conference occurs in which the parties, intervenors, obligors, or their representatives appear in person, the Administrative Law Judge conducting the hearing or conference may elect to personally serve Appeals Board documents at that time, if practicable.

(b) Service by the Appeals Board on a party, intervenor, or obligor who has appeared through a representative shall be made upon the representative in addition to the party, intervenor, or obligor being represented.

(c) Service is complete at the time of personal delivery or mailing. Absent evidence to the contrary, service by email shall be deemed complete at the time of transmission, unless a document is re-served in accordance with subsection (e).

(d) Proof of service by the Appeals Board may be made by:

(1) Endorsement on the document served, setting forth the fact of service on the persons listed on the official address record and the date of service. The endorsement shall state whether such service was made by postal mail, email, personally, or by overnight courier, the date of service and the signature of the person making the service;

(2) Affidavit or declaration of service by personal delivery, postal mail, or email;

(3) Letter of transmittal; or

(4) Designating a party, intervenor, obligor, or their representative to perform service on all participants in the official address record and file the proof of service with the Appeals Board documenting that service.

(e) If, after serving a document in accordance with subsection (c), the Appeals Board receives notification that service to one or more parties (or their agents or representatives) failed, the Appeals Board shall promptly re-serve the document on the intended recipient(s) using the method of service (i.e., email, postal service) best calculated to result in valid service on the intended recipient(s), even if the intended recipient(s) did not previously designate that method as their preferred method of service.

(1) The Appeals Board need not re-serve the document on intended recipients for whom the Appeals Board did not receive notification of failed service.

(f) An email address is presumed valid for service until a party notifies the Appeals Board that the email address is no longer valid.

Note: Authority cited: Section 148.7, Labor Code. Reference: Sections 148.7, 149.5 and 6610, Labor Code.

HISTORY

1. New section filed 8-2-2016; operative 10-1-2016 (Register 2016, No. 32).