Section § 6600

Explanation

If an employer in California receives a citation or notice about a workplace safety violation, or a proposed penalty, they have 15 working days to appeal to a designated appeals board. This appeal can cover disagreements about the violation, the time allotted to fix the issue, the penalty amount, and the changes required to correct the problem.

Any employer served with a citation or notice pursuant to Section 6317, or a notice of proposed penalty under this part, or any other person obligated to the employer as specified in subdivision (b) of Section 6319, may appeal to the appeals board within 15 working days from the receipt of such citation or such notice with respect to violations alleged by the division, abatement periods, amount of proposed penalties, and the reasonableness of the changes required by the division to abate the condition.

Section § 6600.5

Explanation

If an employer receives a special order or action order from the division under certain labor safety regulations, they have the right to appeal. This appeal must be made within 15 working days of receiving the order. The appeal can address the actions required, the time allowed to fix the issue, and whether the changes demanded are reasonable.

Any employer served with a special order or any action order by the division pursuant to Section 6308, or any other person obligated to the employer as specified in subdivision (b) of Section 6319, may appeal to the appeals board within 15 working days from the receipt of the order with respect to the action ordered by the division, abatement periods, the reasonableness of the changes required by the division to abate the condition.

Section § 6601

Explanation

This law explains that if an employer does not challenge a citation or proposed penalty within 15 working days, it becomes final and cannot be reviewed further. Employees or their representatives also have this time period to contest the abatement period. However, if none of these parties contest within the specified time, the decision stands as is. The appeals board can extend this deadline if there is a good reason.

If within 15 working days from receipt of the citation or notice of civil penalty issued by the division, the employer fails to notify the appeals board that he intends to contest the citation or notice of proposed penalty, and no notice contesting the abatement period is filed by any employee or representative of the employee within such time, the citation or notice of proposed penalty shall be deemed a final order of the appeals board and not subject to review by any court or agency. The 15-day period may be extended by the appeals board for good cause.

Section § 6601.5

Explanation

If an employer doesn't inform the appeals board within 15 working days that they want to challenge a special or action order, and if no employee contests the deadline for fixing the issue within that time, the order becomes final and can't be reviewed. The appeals board can extend this 15-day deadline for a good reason.

If, within 15 working days from receipt of a special order, or action order by the division, the employer fails to notify the appeals board that he or she intends to contest the order, and no notice contesting the abatement period is filed by any employee or representative of the employee within that time, the order shall be deemed a final order of the appeals board and not subject to review by any court or agency. The 15-day period may be extended by the appeals board for good cause.

Section § 6602

Explanation

This section explains what happens if an employer, employee, or employee's representative disagrees with a citation, penalty, or order related to workplace safety violations. If they challenge it within 15 working days, the appeals board will hold a hearing. After reviewing the facts, the board decides whether to confirm, change, cancel, or give other appropriate solutions. If the violation affects the entire company, the board must include a broad order to fix the issue.

If an employer notifies the appeals board that they intend to contest a citation issued under Section 6317, or notice of proposed penalty issued under Section 6319, or order issued under Section 6308, or if, within 15 working days of the issuance of a citation or order an employee or representative of an employee files a notice with the division or appeals board alleging that the period of time fixed in the citation or order for the abatement of the violation is unreasonable, the appeals board shall afford an opportunity for a hearing. The appeals board shall thereafter issue a decision, based on findings of fact, affirming, modifying, or vacating the division’s citation, order, or proposed penalty, or directing other appropriate relief. If the division establishes an enterprise-wide violation, the appeals board shall include in its decision an enterprise-wide abatement order.

Section § 6603

Explanation

This law states that the appeals board’s rules for practice and procedure must align with certain sections of the Government Code. These rules should ensure that employees or their representatives can participate in hearings related to workplace issues. Additionally, it grants superior courts the authority to handle cases involving contempt related to these proceedings.

(a)CA Labor Code § 6603(a) The rules of practice and procedure adopted by the appeals board shall be consistent with Article 8 (commencing with Section 11435.05) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of, and Sections 11507, 11507.6, 11507.7, 11513, 11514, 11515, and 11516 of, the Government Code, and shall provide affected employees or representatives of affected employees an opportunity to participate as parties to a hearing under Section 6602.
(b)CA Labor Code § 6603(b) The superior courts shall have jurisdiction over contempt proceedings, as provided in Article 12 (commencing with Section 11455.10) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code.

Section § 6604

Explanation

The appeals board can instruct a hearing officer to handle specific cases. They might be asked to figure out facts or legal issues and provide a finding, order, or decision. This helps the board make informed decisions or orders.

The appeals board may, in accordance with rules of practice and procedure which it shall adopt, direct and order a hearing officer:
(a)CA Labor Code § 6604(a) To try the issues in any proceeding before it, whether of fact or of law, and make and file a finding, order, or decision based thereon.
(b)CA Labor Code § 6604(b) To hold hearings and ascertain facts necessary to enable the appeals board to determine any proceeding or to make any order or decision that the appeals board is authorized to make, or necessary for the information of the appeals board.

Section § 6605

Explanation

This law section explains that the appeals board can choose to appoint one or more hearing officers to help with any proceedings it deems necessary. The board can decide whether to keep the case for itself or hand it over to the hearing officer. These appointed hearing officers have the same powers and responsibilities as given by law and the board's rules.

The appeals board may appoint one or more hearing officers in any proceeding, as it may deem necessary or advisable, and may defer, remove to itself, or transfer to a hearing officer the proceedings on any appeal. Any hearing officer appointed by the appeals board has the powers, jurisdiction, and authority granted by law, by the order of appointment, and by the rules of the appeals board.

Section § 6606

Explanation

If you are involved in a legal proceeding and disagree with the appointed hearing officer, you can object based on certain reasons listed in another legal section. This objection will be considered by the appeals board, who will review any necessary documents and hear from witnesses before making a decision.

Any party to the proceeding may object to the reference of the proceeding to a particular hearing officer upon any one or more of the grounds specified in Section 641 of the Code of Civil Procedure and such objection shall be heard and disposed of by the appeals board. Affidavits may be read and witnesses examined as to such objections.

Section § 6607

Explanation

Before starting their job, a hearing officer must take an oath in front of someone who can legally give oaths. This oath promises to fairly listen to and decide on the cases they are given, and to provide honest reports based on their judgment.

During proceedings, the hearing officer is also allowed to swear in witnesses and certify specific actions as official.

Before entering upon his duties, the hearing officer shall be sworn, before an officer authorized to administer oaths, faithfully and fairly to hear and determine the matters and issues referred to him, to make just findings and to report according to his understanding. In any proceedings under this chapter, the hearing officer shall have the power to administer oaths and affirmations and to certify official acts.

Section § 6608

Explanation

When an appeal is made to the appeals board or a hearing officer, they have 30 days after the case is presented to make a decision. They must provide the decision along with the findings, a summary of the evidence used, and the reasons for their decision to all parties involved in the case.

The appeals board or a hearing officer shall, within 30 days after the case is submitted, make and file findings upon all facts involved in the appeal and file an order or decision. Together with the findings or the decision, there shall be served upon all the parties to the proceedings a summary of the evidence received and relied upon and the reasons or grounds upon which the decision was made.

Section § 6609

Explanation

If there's a decision, order, or findings from a hearing officer, the appeals board has 30 days to take action. They can confirm, change, or set aside the decision. The board can do this with or without more proceedings and they don't have to give notice when they make their decision. Everything is based on the existing case record.

Within 30 days after the filing of the findings, decision, or order, the appeals board may confirm, adopt, modify or set aside the findings, order, or decision of a hearing officer and may, with or without further proceedings, and with or without notice, enter its order, findings, or decision based upon the record in the case.

Section § 6610

Explanation

This law section explains how legal notices, orders, or decisions must be served to individuals involved in appeals board proceedings. Typically, these documents are served according to specific procedures laid out in another legal code, unless the appeals board decides on a different method. The board can also opt for more public methods, like publishing the notice if necessary, and must schedule hearings to occur at least 30 days after such a notice is published.

Any notice, order, or decision required by this part to be served upon any person either before, during, or after the institution of any proceeding before the appeals board, shall be served in the manner provided by Chapter 5 (commencing with Section 1010) of Title 14 of Part 2 of the Code of Civil Procedure, unless otherwise directed by the appeals board. In the latter event the document shall be served in accordance with the order or direction of the appeals board. The appeals board may, in the cases mentioned in the Code of Civil Procedure, order service to be made by publication of notice of time and place of hearing. Where service is ordered to be made by publication the date of the hearing shall be fixed at more than 30 days from the date of filing the application.

Section § 6611

Explanation

If an employer doesn't show up for an appeal, the appeals board can either dismiss the appeal or decide based on the employer's previous admissions or other evidence. Affidavits can be used without notifying the employer, and the board can act without taking new evidence if the employer has the burden of proof. However, the employer can still present evidence to lessen penalties.

If the employer can show a valid reason for not attending, the appeals board might allow the appeal to be reinstated.

(a)CA Labor Code § 6611(a) If the employer fails to appear, the appeals board may dismiss the appeal or may take action upon the employer’s express admissions or upon other evidence, and affidavits may be used without any notice to the employer. Where the burden of proof is upon the employer to establish the appeals board action sought, the appeals board may act without taking evidence. Nothing in this section shall be construed to deprive the employer of the right to make any showing by way of mitigation.
(b)CA Labor Code § 6611(b) The appeal may be reinstated by the appeals board upon a showing of good cause by the employer for his failure to appear.

Section § 6612

Explanation

This law section states that even if there are informalities or questionable evidence during legal proceedings, it won't make any official orders or decisions invalid. This means that decisions can't be overturned just because the evidence presented doesn't meet traditional legal standards.

No informality in any proceeding or in the manner of taking testimony shall invalidate any order, decision, or finding made and filed as specified in this division. No order, decision, or finding shall be invalidated because of the admission into the record, and use as proof of any fact in dispute of any evidence not admissible under the common law or statutory rules of evidence and procedure.

Section § 6613

Explanation

This law allows the appeals board, a hearing officer, or any party involved in a case to take witness depositions during investigations or hearings. These depositions can be of witnesses inside or outside California, using the same methods as civil court depositions.

Also, witnesses can be required to attend, and records can be demanded. Depositions outside California can be taken in front of an authorized officer.

The appeals board can also gather evidence in other places where similar matters are handled by the relevant local agency.

The appeals board, a hearing officer, or any party to the action or proceeding, may, in any investigation or hearing before the appeals board, cause the deposition of witnesses residing within or without the state to be taken in the manner prescribed by law for like depositions in civil actions in the superior courts of this state under Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure. To that end the attendance of witnesses and the production of records may be required. Depositions may be taken outside the state before any officer authorized to administer oaths. The appeals board or a hearing officer in any proceeding before the appeals board may cause evidence to be taken in other jurisdictions before the agency authorized to hear similar matters in such other jurisdictions.

Section § 6614

Explanation

If you're unhappy with a decision or final order from the appeals board or hearing officer, you have 30 days to ask for reconsideration. This applies to decisions that affect you either directly or indirectly. Your request must follow the specific rules and timing set out in this chapter.

Similarly, within 30 days after a hearing officer's decision and report are filed, the appeals board itself can decide to reconsider a decision without being asked.

(a)CA Labor Code § 6614(a) At any time within 30 days after the service of any final order or decision made and filed by the appeals board or a hearing officer, any party aggrieved directly or indirectly by any final order or decision, made and filed by the appeals board or a hearing officer under any provision contained in this division, may petition the appeals board for reconsideration in respect to any matters determined or covered by the final order or decision and specified in the petition for reconsideration. Such petition shall be made only within the time and in the manner specified in this chapter.
(b)CA Labor Code § 6614(b) At any time within 30 days after the filing of an order or decision made by a hearing officer and the accompanying report, the appeals board may, on its own motion, grant reconsideration.

Section § 6615

Explanation

This section means that you can't start a lawsuit over a final decision made by an appeals board or hearing officer until the board either decides to review the decision itself or you ask for a review and that review request is either approved or denied. But even while waiting for a review, the decision can still be enforced according to the rules in this division.

No cause of action arising out of any final order or decision made and filed by the appeals board or a hearing officer shall accrue in any court to any person until and unless the appeals board on its own motion sets aside such final order or decision and removes such proceeding to itself or such person files a petition for reconsideration, and such reconsideration is granted or denied. Nothing herein contained shall prevent the enforcement of any such final order or decision, in the manner provided in this division.

Section § 6616

Explanation

If you want the appeals board to reconsider a final decision, you must submit a detailed written request explaining why you think the decision is wrong or unfair. You need to include every issue you want reviewed, swear to your claims under oath, and list the evidence supporting your case.

The petition for reconsideration shall set forth specifically and in full detail the grounds upon which the petitioner considers the final order or decision made and filed by the appeals board or a hearing officer to be unjust or unlawful, and every issue to be considered by the appeals board. The petition shall be verified upon oath in the manner required for verified pleadings in courts of record and shall contain a general statement of any evidence or other matters upon which the applicant relies in support thereof.

Section § 6617

Explanation

This law explains the reasons you can ask for a reconsideration of a decision made by an appeals board or hearing officer. These reasons include: the board acted beyond its authority; the decision was obtained through fraud; the evidence doesn't support the findings; new, important evidence has come to light that wasn't available earlier; or the findings don't support the decision.

The petition for reconsideration may be based upon one or more of the following grounds and no other:
(a)CA Labor Code § 6617(a) That by such order or decision made and filed by the appeals board or hearing officer, the appeals board acted without or in excess of its powers.
(b)CA Labor Code § 6617(b) That the order or decision was procured by fraud.
(c)CA Labor Code § 6617(c) That the evidence does not justify the findings of fact.
(d)CA Labor Code § 6617(d) That the petitioner has discovered new evidence material to him, which he could not, with reasonable diligence, have discovered and produced at the hearing.
(e)CA Labor Code § 6617(e) That the findings of fact do not support the order or decision.

Section § 6618

Explanation

If you file a petition to ask for a decision to be reconsidered, you give up the right to complain about any issues, mistakes, or illegal aspects related to that decision, except for the issues you specifically mention in your request.

The petitioner for reconsideration shall be deemed to have finally waived all objections, irregularities, and illegalities concerning the matter upon which the reconsideration is sought other than those set forth in the petition for reconsideration.

Section § 6619

Explanation

If someone files a petition to reconsider a decision, they must immediately send a copy to all involved parties. Other parties have 30 days to respond, and their response must be verified, meaning they confirm its accuracy. The appeals board can also ask for the petition to be sent to additional people they specify.

A copy of the petition for reconsideration shall be served forthwith upon all parties by the person petitioning for reconsideration. Any party may file an answer thereto within 30 days thereafter. Such answer shall likewise be verified. The appeals board may require the petition for reconsideration to be served on other persons designated by it.

Section § 6620

Explanation

If someone files a petition to reconsider a decision, or if the appeals board decides on its own to reconsider, the board has several options. They can confirm, cancel, change, or update the original decision without any new hearings. Alternatively, they can choose to gather more evidence. If there will be a new hearing, those involved will be notified of the time and place.

Upon the filing of a petition for reconsideration, or having granted reconsideration upon its own motion, the appeals board may, with or without further proceedings and with or without notice affirm, rescind, alter, or amend the order or decision made and filed by the appeals board or hearing officer on the basis of the evidence previously submitted in the case, or may grant reconsideration and direct the taking of additional evidence. Notice of the time and place of any hearing on reconsideration shall be given to the petitioner and adverse parties and to such other persons as the appeals board orders.

Section § 6621

Explanation

This section allows the appeals board to make a final decision on a case if they decide there's no need for more evidence. They can confirm, change, or cancel the original decision based on what's already in the case file, without needing to notify anyone or hold more hearings.

If at the time of granting reconsideration, it appears to the satisfaction of the appeals board that no sufficient reason exists for taking further testimony, the appeals board may affirm, rescind, alter or amend the order or decision made and filed by the appeals board or hearing officer and may, without further proceedings, without notice, and without setting a time and place for further hearing, enter its findings, order or decision based upon the record in the case.

Section § 6622

Explanation

This law explains that after reviewing more evidence and considering all facts, the appeals board can confirm, change, cancel, or modify their initial order or decision. However, any changes the board makes do not impact the rights or enforcement of rights established by the original order, unless the board specifically decides otherwise.

After the taking of additional evidence and a consideration of all of the facts the appeals board may affirm, rescind, alter, or amend the original order or decision. An order or decision made following reconsideration which affirms, rescinds, alters, or amends the original order or decision shall be made by the appeals board but shall not affect any right or the enforcement of any right arising from or by virture of the original order or decision unless so ordered by the appeals board.

Section § 6623

Explanation

This law states that any decision to reconsider or change a previous ruling by the appeals board must be made in writing by the board itself, not by a single hearing officer. The decision must be signed by most of the board members involved and include the evidence and detailed reasons for the decision.

Any decision of the appeals board granting or denying a petition for reconsideration or affirming, rescinding, altering, or amending the original findings, order, or decision following reconsideration shall be made by the appeals board and not by a hearing officer and shall be in writing, signed by a majority of the appeals board members assigned thereto, and shall state the evidence relied upon and specify in detail the reasons for the decision.

Section § 6624

Explanation

If you file a petition asking the appeals board to reconsider a decision, it will automatically be rejected if the board doesn't respond within 45 days of filing. However, the board can extend this period by up to 15 additional days if there's a valid reason. This means you might have to wait a maximum of 60 days to know if your petition is accepted or denied.

A petition for reconsideration is deemed to have been denied by the appeals board unless it is acted upon within 45 days from the date of filing. The appeals board may, upon good cause being shown therefor, extend the time within which it may act upon that petition for not exceeding 15 days.

Section § 6625

Explanation

If you're disputing a workplace safety decision in California, filing a petition for reconsideration temporarily pauses the order or decision for 10 days unless the appeals board says otherwise. But, if the violation involves serious safety threats, like those categorized as serious, repeat, or willful, the requirement to fix the problem is not paused unless the employer can prove it won't harm workers' safety. To get this pause, the employer must submit a detailed request within 10 days of the decision.

(a)Copy CA Labor Code § 6625(a)
(1)Copy CA Labor Code § 6625(a)(1) Except as provided in subdivision (b), the filing of a petition for reconsideration suspends for a period of 10 days the order or decision affected, insofar as it applies to the parties to the petition, unless otherwise ordered by the appeals board.
(2)CA Labor Code § 6625(a)(2) Except as provided in subdivision (b), the appeals board, upon the terms and conditions which it by order directs, may stay, suspend, or postpone the order or decision during the pendency of the reconsideration.
(b)CA Labor Code § 6625(b) The filing of a petition for, or the pendency of, reconsideration of a final order or decision involving a citation classified as serious, repeat serious, or willful serious does not stay or suspend the requirement to abate the hazards affirmed by the decision or order unless the employer demonstrates by a preponderance of the evidence that a stay or suspension of abatement will not adversely affect the health and safety of employees. The employer must request a stay or suspension of abatement by filing a written, verified petition with supporting declarations within 10 days after the issuance of the order or decision.

Section § 6626

Explanation

This law section lets the appeals board reconsider a decision they’ve already made if someone involved in the case asks for it or if the board decides on its own to review it. The time limits for this reconsideration are the same as those for reviewing any original decision.

Nothing contained in this chapter shall be construed to prevent the appeals board, on petition of an aggrieved party or on its own motion, from granting reconsideration of an original order or decision made and filed by the appeals board within the same time specified for reconsideration of an original order or decision.

Section § 6627

Explanation

If you're impacted by a decision from the appeals board, you can ask the superior court in your county to review it. This is done by applying for a 'writ of mandate,' which means you're requesting the court to check if the decision was lawful. You have a 30-day window to do this. This countdown starts either after a request for reconsideration is denied or after a new decision is made if the board decides to reconsider on its own.

Any person affected by an order or decision of the appeals board may, within the time limit specified in this section, apply to the superior court of the county in which he resides, for a writ of mandate, for the purpose of inquiring into and determining the lawfulness of the original order or decision or of the order or decision following reconsideration. The application for writ of mandate must be made within 30 days after a petition for reconsideration is denied, or, if a petition is granted or reconsideration is had on the appeals board’s own motion, within 30 days after the filing of the order or decision following reconsideration.

Section § 6628

Explanation

This law specifies that when a writ of mandate is issued, it should come to court at a time and place set by the court order. It instructs the appeals board to send the court its official case record within a designated timeframe. The court will not consider any new evidence and will only review the case based on the appeals board's existing record.

The writ of mandate shall be made returnable at a time and place then or thereafter specified by court order and shall direct the appeals board to certify its record in the case to the court within the time therein specified. No new or additional evidence shall be introduced in such court, but the cause shall be heard on the record of the appeals board, as certified to by it.

Section § 6629

Explanation

This law section explains what a court can and cannot do when reviewing a decision made by the appeals board. Basically, the court's review is limited to checking whether the appeals board exceeded its authority, whether the decision was obtained through fraud, if it was unreasonable, or if it wasn’t backed by sufficient evidence. Also, if there are any findings of fact, the court checks if these findings support the decision. However, the court is not allowed to hold a new trial, gather new evidence, or make its own decisions based on the evidence.

The review by the court shall not be extended further than to determine, based upon the entire record which shall be certified by the appeals board, whether:
(a)CA Labor Code § 6629(a) The appeals board acted without or in excess of its powers.
(b)CA Labor Code § 6629(b) The order or decision was procured by fraud.
(c)CA Labor Code § 6629(c) The order or decision was unreasonable.
(d)CA Labor Code § 6629(d) The order or decision was not supported by substantial evidence.
(e)CA Labor Code § 6629(e) If findings of fact are made, such findings of fact support the order or decision under review.
Nothing in this section shall permit the court to hold a trial de novo, to take evidence, or to exercise its independent judgment on the evidence.

Section § 6630

Explanation

This section explains that when the appeals board makes decisions about facts in a case, those decisions are final and cannot be challenged. The people involved in the original action, including the board, can participate in any further court proceedings. After reviewing the case, the court can either agree with the board's decision, cancel it, or send the case back to the board for further review.

The findings and conclusions of the appeals board on questions of fact are conclusive and final and are not subject to review. Such questions of fact shall include ultimate facts and the findings and conclusions of the appeals board. The appeals board and each party to the action or proceeding before the appeals board shall have the right to appear in the mandate proceeding. Upon the hearing, the court shall enter judgment either affirming or annulling the order or decision, or the court may remand the case for further proceedings before the appeals board.

Section § 6631

Explanation

This section says that when you're involved in court proceedings related to certain labor issues, the rules for 'writs of mandate' (orders from a higher court to a lower court or tribunal) apply. You'll also need to send a copy of any legal documents you file to the appeals board and anyone else involved in the case who might disagree with you.

The provisions of the Code of Civil Procedure relating to writs of mandate shall, so far as applicable, apply to proceedings in the courts under the provisions of this part. A copy of every pleading filed pursuant to the terms of this part shall be served on the appeals board and upon every party who entered an appearance in the action before the appeals board and whose interest therein is adverse to the party filing such pleading.

Section § 6632

Explanation

This section states that only certain courts in California have the power to review or change decisions made by the appeals board. Specifically, this power is limited to the Supreme Court, the courts of appeal, and certain decisions by the superior court.

No court of this state, except the Supreme Court, the courts of appeal, and the superior court to the extent herein specified, has jurisdiction to review, reverse, correct, or annul any order or rule, or decision of the appeals board, or to suspend or delay the operation or execution thereof, or to restrain, enjoin, or interfere with the appeals board in the performance of its duties.

Section § 6633

Explanation

Simply filing a petition or having an ongoing case won't automatically pause or stop the enforcement of any order or decision made by the appeals board. However, the court where the petition is filed has the power to pause or modify the enforcement of that order or decision, either fully or partially, based on the terms it sets.

The filing of a petition for, or the pendency of, a writ of mandate shall not of itself stay or suspend the operation of any order, rule or decision of the appeals board, but the court before which the petition is filed may stay or suspend, in whole or in part, the operation of the order or decision of the appeals board subject to review, upon the terms and conditions which it by order directs.