California Code of Regulations
Title 8 - Industrial Relations
Division 1 - Department of Industrial Relations
Chapter 3.3 - Occupational Safety and Health Appeals Board
Article 4 - Hearing
Section 376.8 - Administrative Law Judge Preparation of Hearing Record
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
The Appeals Board or the assigned Administrative Law Judge shall create a hearing record as defined by Section 347, subsection (s), and shall:
(a) Mark the face of each documentary exhibit in accordance with the following designations:
(b) At the conclusion of the hearing and closure of the evidentiary record, transmit the paper exhibits entered into evidence to the scanning technician, who shall, within two working days of receipt, scan the exhibits into the "hearing record" portion of the electronic case file.
(c) Attach to the decision a summary of the entire evidentiary record labeled "Addendum A." Addendum A shall contain a list of all exhibits entered into evidence and the proponent of that evidence, the identity of witnesses testifying at the hearing, any exhibits that were offered as evidence and marked as an exhibit but were excluded from the evidentiary record, whether the hearing was electronically recorded or recorded by a certified court reporter, and the following certification:
I, _____ "ALJ Name" __________, the California Occupational Safety and Health Appeals Board Administrative Law Judge duly assigned to hear the above-entitled matter, hereby certify the proceedings therein were electronically recorded or recorded by a certified court reporter. If the proceedings were recorded electronically, the recording was periodically monitored during the hearing. Either the electronic recording or the recording made by a certified court reporter, along with the documentary and other evidence presented and received into evidence during or after the hearing, constitutes the official hearing record of the proceedings. To the best of my knowledge the recording equipment, if utilized, was functioning normally and exhibits listed in this Appendix are true and correct, and accurately represent the evidence received during or after the hearing.
1. New section filed 8-2-2016; operative 10-1-2016 (Register 2016, No. 32).
2. Amendment of introductory paragraph filed 4-27-2023; operative 7-1-2023 (Register 2023, No. 17).
Note: Authority cited: Section 148.7, Labor Code. Reference: Sections 6603, 6608, 6620, 6621 and 6629, Labor Code.