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Chapter 3.3. Occupational Safety and Health Appeals Board
Article 4. Hearing

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§ 376.4. Return of Exhibit.

(a) During the pendency of any proceeding, an exhibit received in evidence may be released into the custody of a party or representative upon stipulation of all parties or upon order of the Appeals Board or the Administrative Law Judge conducting the hearing.
(b) The following types of exhibits shall be released to a party by stipulation or order for safe-keeping until the legal process results in a final determination:
(1) Oversized documents that cannot be scanned into an electronic case file;
(2) Demonstrative evidence that cannot be scanned into an electronic case file;
(3) Any other evidence that has been accepted as evidence, and that the Administrative Law Judge holding the hearing, or the Appeals Board, determines is inappropriate for repository in an electronic case file.
(c) If the parties, intervenors, obligors, or their representatives stipulate, and the Administrative Law Judge conducting the hearing concurs, a photograph of evidence unsuitable for scanning into an electronic case file may be substituted for the actual exhibit. The photograph may then be scanned into the electronic case file with the other exhibits in place of the actual exhibit.
(d) At any time after a proceeding becomes final, the Appeals Board may, upon request or upon its own motion, issue an order releasing an exhibit that is held for safe-keeping by a party.
Note: Authority cited: Sections 148.7 and 149.5, Labor Code. Reference: Sections 148.7 and 149.5, Labor Code.
1. Change without regulatory effect of subsection (a) filed 6-23-86; effective thirtieth day thereafter (Register 86, No. 26).
2. Amendment of subsection (a), repealer and new subsection (b) and new subsections (b)(1)-(d) filed 8-2-2016; operative 10-1-2016 (Register 2016, No. 32).

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