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Chapter 3.3. Occupational Safety and Health Appeals Board
Article 4. Hearing
§384. Proposed Decisions; Action on by Appeals Board.
(a) If a proceeding is referred to an Administrative Law Judge for hearing and
preparation of a proposed order or decision pursuant to Labor Code Section 6604(b),
the judge shall prepare a proposed order or decision in such form that it may
be adopted as the order or decision in the case. A copy of the proposed order
or decision shall be a public record. The Appeals Board may confirm, adopt, modify
or set aside the proposed order or decision of the Administrative Law Judge and
may, with or without further proceedings and with or without notice, enter its
order, findings, or decision based upon the record in the case. Whenever the Appeals
Board determines that additional evidence is necessary, it may take additional
evidence in the case, or it may reassign the case to the same or to another Administrative
Law Judge to take additional evidence. If the case is so reassigned to an Administrative
Law Judge, the judge shall prepare a proposed order or decision.
(b) The Appeals Board shall take action on a proposed order or decision as described
in subsection (a) above within 30 days after the case is submitted.
NOTE: Authority cited: Sections 148.7 and 149.5, Labor Code. Reference: Sections
148.7, 149.5, 6604(b), 6608 and 6609, Labor Code.
1. Amendment filed 2-1-84; effective thirtieth day thereafter (Register 84,
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