49 COR 40-8579 [¶23,195]

PREHEARING PROCEDURE DISCOVERY, AND MOTIONS - GENERAL Cal. Code Regs, tit. 8, § 371.1(a) (2022) – Continuances are disfavored. The Division’s request to have Employer present its case first due to unavailability of the Division’s primary witness and to present its case on the second day of a two-day hearing was considered to be a request for a continuance. A continuance had been previously granted at the Division’s request and over the Employer’s objection. The Employer objected again and the ALJ denied the request. PREHEARING PROCEDURE DISCOVERY, AND MOTIONS - FORESEEABILITY Cal. Code Regs, tit. 8, § 371.1(e)(10) (2022) – A scheduling conflict concerning pre-planned travel should have been apparent and thus foreseeable to the Division at any point during the four months following the first continuance of the hearing in the matter.  VACATING OF CITATIONS The Division presented no case in chief at the hearing. As such, it failed to meet its burden of proof and the citations and corresponding penalties were vacated.

Summary of COSHAB-ALJ’s Decision dated August 24, 2022, Inspection No. 1465354 (Carlsbad, CA).


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