49 COR 40-8703 [¶23,251R]
OCCUPATIONAL SAFETY AND HEALTH APPEALS BOARD – ADMINISTRATIVE LAW JUDGE REASSIGNMENT California Code of Regulations, Title 8, section 375.2(b) provides that a party wishing to object to the assignment of any proceeding to a particular Administrative Law Judge (ALJ) upon any one or more of the grounds specified in Government Code section 11425.40, shall, at least 5 working days prior to the scheduled hearing, file with the Appeals Board or ALJ a motion to disqualify the assigned ALJ together with supporting affidavit or declaration. Labor Code section 6606, states the parties may object to an ALJ assignment “upon any one or more grounds specified in Section 641 of the Code of Civil Procedure,” and the Appeals Board must hear and dispose of such objections. Code of Civil Procedure section 641 authorizes the parties to object to an ALJ assignment on seven different bases. California Code of Regulations, Title 8, section 375.1(c) grants the Board authority to transfer a case to another ALJ as long as “no oral testimony has been received.” Good cause need not be demonstrated by the parties or the Appeals Board for the transfer.Digest of COSHAB’s Decision After Reconsideration and Order of Remand dated August 2, 2023, Inspection No 1360156.
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