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Chapter 3.3. Occupational Safety and Health Appeals Board

Article 4. Hearing

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382. Witness Fees.

(a) Witnesses subpoenaed for any deposition or hearing are entitled to the following fees and mileage, payable in advance:

(1) Witness fee for each day's actual attendance of thirty-five dollars ($35);

(2) Mileage actually traveled, both ways, of twenty cents ($.20) a mile;

(b) A party who subpoenas a peace officer as listed at Government Code Section 68097.1 shall reimburse the public entity for the full cost to the public entity incurred in paying the officer his salary or other compensation and traveling expenses for each day that such officer is required to remain in attendance. The amount of one hundred and fifty dollars ($150), together with the subpoena, shall be tendered to the person accepting the subpoena for each day that the officer is required to remain in attendance pursuant to the subpoena. If the actual expenses should later prove to be less than the amount tendered, the difference shall be refunded; or if the actual expenses should later prove to be more than the amount tendered, the difference shall be paid to the public entity by the party at whose request the subpoena was issued.

NOTE: Authority cited: Sections 148.7, 149.5 and 6603(a), Labor Code. Reference: Sections 11191, 11450.40, 68093, 68097.1 and 68097.2, Government Code; and Sections 148.7, 148.8, 149.5 and 6603(a), Labor Code.


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

2. Amendment of section and Note filed 6-23-97; operative 7-1-97 (Register 97, No. 26). This interim regulation is exempt from most of the procedural requirements of the Administrative Procedure Act (specifically, from Articles 5 and 6 of Chapter 3.5, Division 3, Title 2, Government Code) and from review by the Office of Administrative Law pursuant to Government Code sections 11400.20 and 11400.21 and will expire on December 31, 1998, unless earlier terminated or replaced by, or readopted as, permanent following the procedures of the Administrative Procedure Act.

3. Permanent adoption of amended section and Note, including additional amendment of subsection (a), filed 7-11-97; operative 7-11-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 28).

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