46 COR 40-8154 [¶22,941R]

Cal. Code Regs, tit. 8, § 6614(a) (2019) – The Appeals Board lacked jurisdiction to grant reconsideration where Employer filed an untimely petition.

Digest of COSHAB’s Denial of Petition for Reconsideration dated May 9, 2019, Inspection No. 1307854.

Ed Lowry, Chair.

Judith S. Freyman, Board Member.

Background. The Division issued three citations to Employer. After Employer indicated its intent to appeal the citations, the Appeals Board sent Employer a notice of incomplete appeal, which informed Employer that it was required to provide additional information to the Board in order to complete its appeal within 20 days of the date of the notice.

Employer did not respond to the notice. Accordingly, the Board issued an administrative order dismissing appeal, which informed Employer that it could petition for reconsideration within 30 days, referring to Labor Code §§6614 through 6619. Employer untimely filed a petition for reconsideration.

Denial of petition for reconsideration. Employer’s petition did not state any of the grounds under Labor Code §6617 for reconsideration, which was grounds to deny it (Herron Construction, Inc., Cal/OSHA App. 1113956, DDAR (Dec. 22, 2016) [Digest ¶ 22,642R]). The Board construed the petition to assert the evidence did not support the findings of fact.

The Appeals Board lacked jurisdiction to grant reconsideration because Employer filed its petitioan after expiration of the time to do so, under Labor Code §6614(a). Employer initiated, but did not complete, the appeal process. A petition for reconsideration must be filed within 30 days of the service of the Appeals Board’s order or decision at issue, pursuant to Labor Code §6614(a). Code of Civil Procedure §1013(a) provides that where service is made by mail to an address in California, the deadline is extended by five days.

Although Employer requested information concerning filing a petition for reconsideration, and Appeals Board staff responded, Employer filed its petition with the Board late. It is well-established that the Appeals Board lacks jurisdiction to grant reconsideration if a party files a petition for reconsideration beyond the time allowed in Labor Code §6614(a) (Cecilio Murrieta dba El Toro Bravo Torilleria, Cal/OSHA App. 1232113, DDAR (May 29, 2018) [Digest ¶ 22,826R]). As a result, the Board denied Employer’s petition.