Occupational Safety and HealthAppeal Proceedings
Section § 6600
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.
Section § 6600.5
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.
Section § 6601
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.
Section § 6601.5
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.
Section § 6602
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.
Section § 6603
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.
Section § 6604
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.
Section § 6605
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.
Section § 6606
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.
Section § 6607
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.
Section § 6608
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.
Section § 6609
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.
Section § 6610
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.
Section § 6611
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.
Section § 6612
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.
Section § 6613
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.
Section § 6614
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.
Section § 6615
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.
Section § 6616
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.
Section § 6617
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.
Section § 6618
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.
Section § 6619
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.
Section § 6620
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.
Section § 6621
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.
Section § 6622
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.
Section § 6623
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.
Section § 6624
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.
Section § 6625
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.
Section § 6626
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.
Section § 6627
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.
Section § 6628
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.
Section § 6629
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.
Section § 6630
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.
Section § 6631
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.
Section § 6632
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.
Section § 6633
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.