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Chapter 3.3. Occupational Safety and Health Appeals Board

Article 1.5. Service of Documents and Duty to Notify Others of Appeal and Hearing

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§361.1. Employee Appeal.

(a) An employee or authorized employee's representative may, within 15 working days of the issuance of a citation, special order, or order to take special action, appeal to the Appeals Board the reasonableness of the period of time fixed by the Division for abatement.

(b) An Employee Appeal may be filed with the Division or the Appeals Board. No particular format is necessary to institute the appeal, but the notice of appeal must be in writing.

(c) If an Employee Appeal is filed with the Division, the Division shall note on the face of the document the date of receipt, include any envelope or other proof of the date of mailing, and promptly transmit the document to the Appeals Board.

(d) The Division shall, no later than 10 working days from receipt of the Employee Appeal, file with the Appeals Board and serve on each party a clear and concise statement of the reasons why the abatement period prescribed by it is reasonable.

NOTE: Authority cited: Sections 148.7 and 6603(a), Labor Code. Reference: Sections 148.7 and 6602, Labor Code.


1. Amendment of subsection (a) filed 8-14-85; effective thirtieth day thereafter (Register 85, No. 33).

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

3. Renumbering of former section 361.1 to section 361.2, renumbering and amendment of former section 361 to section 361.1 filed 10-30-92; operative 11-30-92 (Register 92, No. 44).

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