Section 359.1 - Docketing and Perfecting an Appeal(a) For an appeal to be docketed, the following information must be submitted to the Appeals Board by mail, hand delivery, or online via the OASIS system accessible through the Board's website:(1) The contact information required by Section 355.1, including the name, postal address, and email address of any party or obligor, and the name, postal address, and email address of any party or obligor's representative; and(2) The information required by Section 361.3, including: (A) The inspection number listed on the citation;(B) The identity of the citation(s) being appealed through reference to both citation number(s) and item number(s); and(C) The components of the Division citation(s) being challenged as well as any affirmative defenses through reference to both citation number(s) and item number(s). (i) The different components of the Division's citation that may be challenged are listed in Section 361.3, subsection (a), and also listed on the optional appeal forms supplied by the Board.(b) If an appeal is initiated by telephone, in writing, or by online form, but is incomplete, the failure to provide the information listed in subsection (a) to the Appeals Board within 20 days of written or electronic acknowledgement by the Board of the receipt of an intent to appeal constitutes grounds for dismissal. (1) The receipt of an intent to appeal by telephone will not be sufficient by itself to docket an appeal.(c) The Appeals Board shall furnish optional appeal forms upon request and shall provide them to the district offices of the Division.(d) After the information required by subsection (a) is submitted either on paper or online via the OASIS system, and confirmed to be complete, the appeal will be docketed.(e) Upon docketing of an appeal, the Appeals Board shall serve on each party a notice of docketed appeal advising that the matter has been docketed and providing the docket number assigned to the appeal. Accompanying the notice of docketed appeal, the Board will also serve on each party the appeal information and copies of any documents submitted pursuant to subsection (a) required to perfect the appeal.(f) The Division shall provide a copy of all appealed citations to the Appeals Board within 15 working days after service of the notice and appeal information described in subsection (e). This will not constitute an ex parte communication, notwithstanding Section 352, and service on other parties is not required. If the Division fails to provide a copy of all appealed citations within 15 working days, the Board will notify the Division of the deficiency and provide a reasonable opportunity for cure. The Division's failure to timely comply with this subsection shall not prejudice an employer's appeal.(1) An employer may also voluntarily elect to provide a copy of all appealed citations to the Appeals Board. If an employer provides the Appeals Board copies of all appealed citations prior to receipt of the citations from the Division, the Appeals Board may proceed to the procedure set forth in subsection (g) without waiting for a copy of the appealed citations from the Division. An employer's act of providing the Board with a copy of the citations it has appealed does not relieve the Division from its duty to provide a copy of all the appealed citations.(g) An appeal will be deemed perfected if the Appeals Board determines it is timely, as required by Section 359, and all required information and documents have been submitted to the Appeals Board in accordance with this section, including those documents set forth in subdivision (f). The Board shall serve on each party a notice advising when an appeal has been deemed perfected.(h) The Board shall also serve on the parties a notice of the right to discovery. The notice of the parties' right to discovery shall inform the parties of the discovery mechanisms available under its regulations, including those contained in Sections 372, 372.1, 372.2, and 372.3.Cal. Code Regs. Tit. 8, § 359.1
1. Amendment of subsection (a) filed 2-1-84; effective thirtieth day thereafter (Register 84, No. 5).
2. Amendment filed 10-30-92; operative 11-30-92 (Register 92, No. 44).
3. Amendment of subsection (b) filed 11-26-2007; operative 12-26-2007 (Register 2007, No. 48).
4. Amendment of section heading, section and NOTE filed 8-2-2016; operative 10-1-2016 (Register 2016, No. 32).
5. Amendment of section heading and section filed 7-22-2020; operative 10-1-2020 (Register 2020, No. 30). Note: Authority cited: Section 148.7, Labor Code. Reference: Sections 148.7, 6600, 6601 and 6603, Labor Code.
1. Amendment of subsection (a) filed 2-1-84; effective thirtieth day thereafter (Register 84, No. 5).
2. Amendment filed 10-30-92; operative 11-30-92 (Register 92, No. 44).
3. Amendment of subsection (b) filed 11-26-2007; operative 12-26-2007 (Register 2007, No. 48).
4. Amendment of section heading, section and Note filed 8-2-2016; operative 10/1/2016 (Register 2016, No. 32).
5. Amendment of section heading and section filed 7-22-2020; operative 10/1/2020 (Register 2020, No. 30).