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

§ 355.4. Filing Documents with the Appeals Board.

(a) A party, intervenor, obligor, and their representatives shall file documents with the Appeals Board by one of the following methods:

(1) First-class mail;

(2) An alternative method of filing that is equivalent to or more expeditious than first-class mail as defined in Section 355.3;

(3) Personal service; or

(4) Electronic service pursuant to subsection (f).

(b) Any document filed with the Appeals Board must be served on the other parties, intervenors, obligors, and their representatives.

(c) Unless otherwise specified in another section, a document shall be deemed filed with the Appeals Board on the date a document is hand delivered, electronically filed, or the date the document is received by the Appeals Board.

(d) An electronically filed document shall be considered received by the Appeals Board the following working day if transmission begins later than 11:59 p.m. Pacific Time.

(e) Proof of service shall be filed with the document and may be made by any of the following means:

(1) Affidavit or declaration of service by personal delivery, mail, electronic service if stipulated to in accordance with Section 355.3, subsection (g), or courier; or

(2) Letter of transmittal.

(f) Only the following documents may be filed directly into OASIS via the Appeals Board's website. Documents filed pursuant to this subsection shall comply with the requirements of Section 355.5. Documents not listed in this subsection shall be filed pursuant to subsections (a)(1), (2), or (3) of this section:

(1) Appeal information and citation and notification of penalty;

(2) Change to the Official Address Record including change of representative, change of address, or change of email address;

(3) Motion for Change of Venue;

(4) Motion for a Continuance;

(5) Motion for a Discovery Order;

(6) Motion to Withdraw Appeal;

(7) Motion to Withdraw Citation;

(8) Motion to File Late Appeal;

(9) Motion for Intervenor/Party status;

(10) Petition for Reconsideration;

(11) Request of Issuance of Subpoena;

(12) Motion to Amend Appeal;

(13) Motion to Amend Citation;

(14) Request for conference with Appeals Board;

(15) Request for Hearing Record;

(16) Briefs;

(17) Proof of service by party on behalf of Appeals Board as allowed in Section 355.2, subsection (d)(4); and

(18) Settlement Order and proof of service of Settlement Order.

(g) When filing a document electronically as allowed by subsection (f), the following information shall be provided:

(1) Document title;

(2) Date of document being filed;

(3) Inspection number, or docket number (if one exists);

(4) Identification of party submitting the document; and

(5) Identification of the party's representative who is filing the document, if any.

(h) Documents filed in violation of subsections (f) and (g) shall be rejected and shall not be filed in the Appeals Board electronic case file.

Note: Authority cited: Section 148.7, Labor Code. Reference: Sections 148.7, 149.5, 6603 and 6610, Labor Code.

HISTORY

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