California Code of Regulations
Title 8 - Industrial Relations
Division 1 - Department of Industrial Relations
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
Section 426 - Decision; Action on Proposed Decision
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) A variance hearing may be held before the Standards Board itself, a hearing panel or a hearing officer. If a proceeding is heard before the Standards Board itself or a hearing panel, the hearing officer, if requested, shall assist and advise them. Where a proceeding is heard before the Standards Board itself, no member of the Board who did not hear the evidence shall vote on the decision.
(b) If a proceeding is heard by a hearing panel or a hearing officer, the panel or hearing officer shall prepare a proposed decision in such form that it may be adopted by the Board as the decision in the proceeding. The proposed decision shall be a public record and a copy of the proposed decision shall be served by the Standards Board on each party. The Board may adopt the proposed decision or decide the case itself as provided in subdivision (c) below.
(c) If the proposed decision is not adopted as provided in subdivision (b), the Standards Board itself may decide the case upon the record, with or without taking additional evidence, or may refer the case to a hearing panel or hearing officer to take additional evidence.
1. New NOTE 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 (d) filed 2-25-91; operative 3-27-91 (Register 91, No. 14).
3. Amendment of section and NOTE filed 6-26-2003; operative 7-26-2003 (Register 2003, No. 26).
Note: Authority cited: Section 143.2, Labor Code; and Section 11400.20, Government Code. Reference: Sections 143, 143.2 and 6457, Labor Code; and 11425.10, Government Code.
