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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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§364.1. Withdrawal of Division Action.

(a) The Division may withdraw its action by written motion at any time or by oral motion on the hearing record.

(b) If the motion is made prior to the hearing, the Division shall serve a copy of the motion to withdraw on each party and on any authorized employee representative if known to the Division to represent affected employees. Service shall be in a manner as prescribed in Section 355(c) and proof of such service meeting the requirements of Section 355(e) shall be filed with the Appeals Board.

(c) Upon a showing of good cause, the Appeals Board shall grant such withdrawal by order or decision served on the parties.

(d) The employer shall post for 15 working days a copy of the order or decision granting the withdrawal. Posting shall be in a manner as prescribed in Section 356(a).

NOTE: Authority cited: Sections 148.7 and 6603(a), Labor Code. Reference: Sections 148.7 and 6614, Labor Code.


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

2. Amendment of section heading, subsections (b) and (d), and repealer of subsections (e) and (f) filed 10-30-92; operative 11-30-92 (Register 92, No. 44).

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