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

§ 383. Failure to Appear.

(a) If after service of a notice of hearing, prehearing conference, settlement conference, status conference, or another event scheduled and duly noticed by the Appeals Board, a party fails to appear at the noticed event, either personally or by representative, the Appeals Board may take the proceeding off calendar; may, after notice, dismiss the proceeding; or may receive evidence from any party that appears.

(b) Before dismissing the proceeding, the assigned Administrative Law Judge shall prepare and serve a notice of intent to dismiss the appeal or citation(s), or an order pursuant to Section 350.4, allowing the non-appearing party at least 10 days to request reinstatement of the appeal. The request must show good cause for missing the noticed event.

(c) Good cause is defined as sufficient facts to establish a reasonable basis for the failure to appear. A request for reinstatement, and any opposition, shall be accompanied by a declaration containing a statement that any facts therein are based upon the personal knowledge of the declarant and declared under penalty of perjury.

(d) A party, intervenor, or obligor opposing the reinstatement of any proceeding based on the non-appearing party's showing of good cause may file a response no later than 10 days from service of the reinstatement request.

(e) Service of the request for reinstatement and any response shall be accomplished as prescribed in Section 355.3 and proof of service meeting the requirements of Section 355.3, subsection (e) shall be filed with the Appeals Board as required in Section 355.4.

Note: Authority cited: Section 148.7, Labor Code. Reference: Sections 148.7, 149.5, 6603 and 6611, Labor Code.

HISTORY

1. Amendment filed 10-30-92; operative 11-30-92 (Register 92, No. 44).

2. Amendment of subsection (a), repealer of subsection (b), new subsections (b)-(e) and amendment of Note filed 8-2-2016; operative 10-1-2016 (Register 2016, No. 32).