48 COR 40-8447 [¶23,127R]

JURISDICTION – PETITION FOR RECONSIDERATION, INTERLOCUTORY Labor Code § 6614 (2021) – Even if Employer’s petitions for reconsideration raised questions of law, which the Appeals Board may rule on under an exception to the general rule that interlocutory matters are not appealable, the Board declined to reconsider the petitions based on its merits. Board reg. § 376(d) (2021) – The Appeals Board has authority to hold video hearings under its rules and procedures governing time and place of hearings. An executive order issued by the governor prohibited the Board from holding in-person hearings during the pendency of a state of emergency related to the COVID-19 pandemic. OCCUPATIONAL SAFETY AND HEALTH APPEALS BOARD – TIME AND PLACE OF HEARING, DUE PROCESS Board reg. § 376.1 (2021) – The Appeals Board rejected Employer’s contention that it had a constitutional right to an in-person administrative hearing. The Board held that a video/electronic hearing provided sufficient due process in the administrative context.

Digest of COSHAB’s Denial of Petition for Reconsideration dated June 14, 2021, Inspection Nos. 1238985 and 1477159 (consolidated).


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