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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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§425.2. Default.

(a) Where it appears on record that a party was served with notice of hearing, but fails to appear at such hearing, either in person or by representative, the Standards Board may take the proceeding off calendar; may, after notice, dismiss the proceeding; or may hear the evidence from any party that attends the hearing and, after notice, make such decision as is just and proper.

(b) Any proceeding may be reinstated by the Board, at its discretion, if a non-appearing Employer submits to the Board, in writing, a reasonable explanation for the Employer's failure to appear at the hearing. The explanation must be submitted within ten days after service of the notification of intent to dismiss.


Authority cited: Section 143.2, Labor Code. Reference: Sections 143.2 and 6457, Labor Code.


1. New NOTE filed 7-19-82; effective thirtieth day thereafter (Register 82, No. 30).

2. Amendment of section heading and section filed 6-26-2003; operative 7-26-2003 (Register 2003, No. 26).

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