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Chapter 3.5. Occupational Safety and Health Standards Board
Subchapter 1. Rules of Procedure for Permanent Variances and Appeals from Temporary Variances

Article 4. Hearings and Decisions

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§423. Conduct of Hearing.

(a) Testimony shall be taken only on oath, affirmation, or penalty of perjury.

(b) Each party shall have these rights: To call and examine parties and witnesses; to introduce exhibits; to question opposing witnesses and parties on any matter relevant to the issues even though that matter was not covered in the direct examination; to impeach any witness regardless of which party first called him/her to testify; and to rebut the evidence against him/her.

(c) The Standards Board members or hearing officer may question any party or witness and may admit any relevant and material evidence.

(d) The taking of evidence in a hearing shall be controlled by the hearing officer in the manner best suited to ascertain the facts and safeguard the rights of the parties. Prior to taking evidence, the hearing officer shall explain the issues and the order in which evidence will be received.

(e) The hearing shall be conducted in the English language. On the notice of hearing the Board shall notify each party of the right to an interpreter. A party or a party's witness who does not proficiently speak the English language shall be provided an interpreter if a request for language assistance is provided to the Board at least ten working days prior to the date of the hearing. A party may provide its own interpreter, if the interpreter is approved by the hearing officer as proficient in the English language and the language in which the witness will testify. The hearing officer shall approve any person whose name appears on the current list of interpreters published by the State Personnel Board. The interpreter shall not have any involvement in the issues of the case prior to the hearing.

(f) The cost of the interpreter shall be paid by the Standards Board if the hearing officer so directs, otherwise by the party requiring the interpreter. This determination shall be made consistent with Government Code Section 11435.25(b).

NOTE

Authority cited: Section 143.2, Labor Code; and Section 11400.20, Government Code. Reference: Sections 143.2 and 6457, Labor Code; and Sections 11425.10, 11435.15, 11435.20, 11435.25, 11435.30, 11435.55, 11435.60 and 11435.65, Government Code.

HISTORY

1. Amendment of subsection (e) filed 7-19-82; effective thirtieth day thereafter (Register 82, No. 30).

2. Change without regulatory effect pursuant to section 100, title 1, California Code of Regulations amending subsection (b) filed 2-25-91; operative 3-27-91 (Register 91, No. 14).

3. Editorial correction of printing error in subsection (d) (Register 94, No. 2).

4. Amendment of subsections (e) and (f) and amendment of Note filed 6-26-2003; operative 7-26-2003 (Register 2003, No. 26).

 

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