Chapter 3.3. Occupational Safety and Health Appeals Board

Article 5. Reconsideration

§393. Oral Argument on Reconsideration; Amicus Curiae Briefs; Taking of Additional Evidence by Submission.

(a) The Appeals Board may, at the request of a party or on its own motion, hear oral argument before the Board. The Appeals Board need not grant oral argument in any case, but may request argument in cases in which, in its judgment, oral argument may be helpful in deciding issues important to the administration of Division 5 of the Labor Code. Oral argument shall not be ordered if either the Division or the employer notifies the Appeals Board in writing that it declines to participate within 10 days of the issuance of the request for oral argument.

(b) The Appeals Board may designate specific issues to be addressed. The Appeals Board shall, within a reasonable time before the oral argument is to take place, notify all parties and intervenors of the date, time, and place for which oral argument has been set and the issues to be heard.

(c) The Appeals Board may request the filing of briefs either before or after oral argument by issuance of an order in writing, or at oral argument may order the filing of briefs on the record of the oral argument.

(d) Should either party fail to appear for oral argument, the party present may be allowed to proceed with its argument.

(e) A brief of an amicus curiae (amicus) may be filed only by leave of the Appeals Board. The brief shall be filed within the time allowed for the filing of the answer or brief of the party whose position the amicus will support unless the Board grants leave for filing at a later date specified by the order of the Appeals Board. Unless otherwise ordered, an amicus may not file a responding brief.

(f) An amicus will not be permitted to participate in oral argument without leave of the Appeals Board. An amicus may move no later than 10 days before oral argument is scheduled to participate in oral argument. Its motion shall identify its interest and state the reasons its participation would be helpful. Any opposition to the motion of an amicus to participate in oral argument shall be filed and served no later than 5 days before the date of oral argument.

(g) When reconsideration has been granted, either by petition or on the Appeals Board's own motion, the Appeals Board may request that additional evidence be submitted. Notice and an opportunity to respond to the request shall be given to all parties.

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

HISTORY

1. Amendment of section heading, new subsections (a)-(f) and designation of existing section as subsection (g) filed 8-16-99; operative 9-15-99 (Register 99, No. 34).