Chapter 3.3. Occupational Safety and Health Appeals Board

Article 5. Reconsideration

§390.1. Reconsideration: General.

(a) The petition for reconsideration shall be based upon one or more of the following grounds:

(1) That by the order or decision the Appeals Board acted without or in excess of its powers;

(2) That the order or decision was procured by fraud;

(3) That the evidence received by the Appeals Board does not justify the findings of fact;

(4) That petitioner has discovered new material evidence which the petitioner could not, with reasonable diligence, have discovered and produced at the hearing;

(5) That the findings of fact do not support the order or decision.

(b) Upon reconsideration, the Appeals Board may:

(1) Affirm, rescind, alter, or amend the findings, order or decision, or

(2) Request oral argument, the filing of briefs and amicus curiae (amicus) briefs, or other proceedings not involving the taking of additional evidence.

(3) Direct the taking of additional evidence either by submission or by further hearing as provided in Sections 393 and 394.

(c) If the Appeals Board is satisfied that no additional evidence is necessary, after considering the record, with or without further proceedings, it may enter its order, findings, or decision after reconsideration.

NOTE: Authority cited: Sections 148.7 and 149.5, Labor Code. Reference: Sections 148.7, 149.5, 6617, 6620 and 6621, Labor Code.


HISTORY

1. Change without regulatory effect of subsection (a)(4) filed 6-23-86; effective thirtieth day thereafter (Register 86, No. 26).

2. New subsection (b)(2), subsection renumbering and amendment of subsection (c) filed 8-16-99; operative 9-15-99 (Register 99, No. 34).