California Code of Regulations
Title 8 - Industrial Relations
Division 1 - Department of Industrial Relations
Chapter 3.3 - Occupational Safety and Health Appeals Board
Article 5 - Reconsideration
Section 390.1 - Reconsideration: General

Universal Citation: 8 CA Code of Regs 390.1

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) The petition for reconsideration shall be based upon one or more of the following grounds:

(1) That by the order or decision the Appeals Board acted without or in excess of its powers;

(2) That the order or decision was procured by fraud;

(3) That the evidence received by the Appeals Board does not justify the findings of fact;

(4) That petitioner has discovered new material evidence which the petitioner could not, with reasonable diligence, have discovered and produced at the hearing;

(5) That the findings of fact do not support the order or decision.

(b) Upon reconsideration, the Appeals Board may:

(1) Affirm, rescind, alter, or amend the findings, order or decision, or

(2) Request oral argument, the filing of briefs and amicus curiae (amicus) briefs, or other proceedings not involving the taking of additional evidence.

(3) Direct the taking of additional evidence either by submission or by further hearing as provided in Sections 393 and 394.

(c) If the Appeals Board is satisfied that no additional evidence is necessary, after considering the record, with or without further proceedings, it may enter its order, findings, or decision after reconsideration.

1. Change without regulatory effect of subsection (a)(4) filed 6-23-86; effective thirtieth day thereafter (Register 86, No. 26).
2. New subsection (b)(2), subsection renumbering and amendment of subsection (c) filed 8-16-99; operative 9-15-99 (Register 99, No. 34).

Note: Authority cited: Sections 148.7 and 149.5, Labor Code. Reference: Sections 148.7, 149.5, 6617, 6620 and 6621, Labor Code.

Disclaimer: These regulations may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.