California Code of Regulations
Title 8 - Industrial Relations
Division 1 - Department of Industrial Relations
Chapter 3.3 - Occupational Safety and Health Appeals Board
Article 3 - Prehearing Procedure Discovery, and Motions
Section 372.7 - Discovery Abuses
Universal Citation: 8 CA Code of Regs 372.7
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The Administrative Law Judge or the Appeals Board may impose sanctions on a party who fails to respond to an authorized request for discovery or makes an evasive or incomplete response to discovery where such action results in surprise to the requesting party at the hearing.
(b) Such sanctions may include:
(1) An order prohibiting the introduction of designated matters into evidence by the abusing party; and/or
(2) An order establishing designated facts, claims, or defenses against the abusing party in accordance with the claim of a party adversely affected.
(3) Any other order as the Administrative Law Judge or the Appeals Board may deem appropriate under the circumstances.
1. New section filed 10-30-92; operative 11-30-92 (Register 92, No. 44).
2. Amendment of subsections (a) and (b)(3) filed 8-16-99; operative 9-15-99 (Register 99, No. 34).
Note: Authority cited: Section 148.7, Labor Code. Reference: Section 148.7, Labor Code.
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