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Chapter 3.3. Occupational Safety and Health Appeals Board

Article 4. Hearing

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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, No. 5).

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