Chapter 3.3. Occupational Safety and Health Appeals Board

Article 4. Hearing

§375.1. Assignment to Administrative Law Judge.

(a) The Appeals Board may assign to an Administrative Law Judge for hearing and order or decision, or for hearing and proposed order or decision, or for hearing before the Appeals Board itself, any proceeding, any further hearing during reconsideration pursuant to Article 5, and hearing on petition for costs pursuant to Article 6.

(b) The Appeals Board may assign to an Administrative Law Judge any other proceeding that requires a hearing and order or decision.

(c) The Appeals Board may transfer to another Administrative Law Judge any proceeding if no oral testimony has been received. In the event proceedings have commenced and the assigned Administrative Law Judge is unable to complete the proceeding because of death, extended absence or disqualification, the Appeals Board may reassign such proceedings to another Administrative Law Judge who shall conduct a hearing de novo. The hearing de novo may be waived if all parties stipulate that the newly assigned Administrative Law Judge may review the hearing record and all of the evidence received, and that the hearing may proceed as if he had presided from the beginning.

(d) The Appeals Board may assign a further hearing or supplemental proceedings to the Administrative Law Judge who heard the original proceeding.

NOTE: Authority cited: Sections 148.7, 149.5, 6604 and 6605, Labor Code. Reference: Section 11182, Government Code; and Sections 148.7, 148.8, 149.5, 6604, 6605 and 6607, Labor Code.

HISTORY

1. Amendment of subsections (a) and (b) filed 2-1-84; effective thirtieth day thereafter (Register 84, No. 5).