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

§ 376.8. Administrative Law Judge Preparation of Hearing Record.

The Appeals Board or the assigned Administrative Law Judge shall create a hearing record as defined by Section 347, subsection (s), and shall:

(a) Mark the face of each documentary exhibit in accordance with the following designations:

(1) Division exhibits shall be consecutively marked with numbers beginning with the number “1.”

(2) Employer's exhibits shall be consecutively marked with letters beginning with “A.” If every letter of the alphabet is used, then the lettering shall continue with the designation “AA” throughout the remaining alphabet.

(3) Third-party exhibits shall be labeled “Third-party - 1” and consecutively thereafter.

(4) Joint exhibits as agreed to by the parties shall be marked as “Joint-exhibit - 1” and consecutively thereafter.

(5) Physical, mechanical or demonstrative evidence returned to a party for storage during the pendency of the litigation pursuant to Section 376.4 shall be identified in both the recorded and written hearing record pursuant to subsections (1) through (4) above.

(6) Sealed or confidential exhibits shall be identified and labeled in the recorded and written hearing record pursuant to subsections (1) through (4) above, with the Administrative Law Judge selecting identifying labels that do not reveal the confidential nature of the sealed or confidential exhibit(s).

(7) Documents may be redacted by the Administrative Law Judge to conceal confidential information that is not relevant to the issues being heard.

(b) At the conclusion of the hearing and closure of the evidentiary record, transmit the paper exhibits entered into evidence to the scanning technician, who shall, within two working days of receipt, scan the exhibits into the “hearing record” portion of the electronic case file.

(c) Attach to the decision a summary of the entire evidentiary record labeled “Addendum A.” Addendum A shall contain a list of all exhibits entered into evidence and the proponent of that evidence, the identity of witnesses testifying at the hearing, any exhibits that were offered as evidence and marked as an exhibit but were excluded from the evidentiary record, whether the hearing was electronically recorded or recorded by a certified court reporter, and the following certification:

I, _____ “ALJ Name” __________, the California Occupational Safety and Health Appeals Board Administrative Law Judge duly assigned to hear the above-entitled matter, hereby certify the proceedings therein were electronically recorded or recorded by a certified court reporter. If the proceedings were recorded electronically, the recording was periodically monitored during the hearing. Either the electronic recording or the recording made by a certified court reporter, along with the documentary and other evidence presented and received into evidence during or after the hearing, constitutes the official hearing record of the proceedings. To the best of my knowledge the recording equipment, if utilized, was functioning normally and exhibits listed in this Appendix are true and correct, and accurately represent the evidence received during or after the hearing.

Credits

Note: Authority cited: Section 148.7, Labor Code. Reference: Sections 6603, 6608, 6620, 6621 and 6629, Labor Code.

History

1. New section filed 8-2-2016; operative 10-1-2016 (Register 2016, No. 32).

2. Amendment of introductory paragraph filed 4-27-2023; operative 7-1-2023 (Register 2023, No. 17).