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Chapter 3.3. Occupational Safety and Health Appeals Board

Article 3. Prehearing Procedure Discovery, and Motions

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§371. Prehearing Motions.


(a) Any motion or request for action, any opposition thereto, and any reply relating to any proceeding shall be in writing and directed to the Appeals Board. The caption of each motion or request shall contain the title and docket or petition number of the proceeding and a clear and plain statement of the relief sought, together with the grounds therefor.

(b) Any motion or request, any opposition thereto, and any reply shall be signed by the party filing or by the party's representative, and a copy shall be served on all parties. Service shall be in a manner as prescribed in Section 355(d) and proof of such service meeting the requirements of Section 355(f) shall be filed with the Appeals Board.

(c) Unless otherwise ordered, the following dates shall apply to prehearing motions or requests:

(1) A motion or request shall be served and filed no later than 20 days before the hearing date.

(2) Any opposition to the motion shall be served and filed no later than 10 days from service of the motion or request.

(3) Any reply papers shall be served and filed no later than 5 days before the hearing date.

(d) A request to file a motion, opposition, or reply later than the times specified in (c) shall be granted if accompanied by a declaration showing good cause for the late filing.

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

HISTORY

1. Amendment of subsection (c) filed 2-1-84; effective thirtieth day thereafter (Register 84, No. 5).

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

3. Amendment of article heading and subsections (a)-(c), new subsections (c)(1)-(d) and amendment of Note filed 10-30-92; operative 11-30-92 (Register 92, No. 44).

4. Amendment of subsection (b) filed 2-8-2012; operative 3-9-2012 (Register 2012, No. 6).


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