California § 149.5. 149.5. (Added by Stats. 1979, Ch. 1077.)

California Statutes

§ 149.5. — 149.5. (Added by Stats. 1979, Ch. 1077.)

California § 149.5.

Code LABLabor Code - LAB

Div. 1.DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS

Ch. 6.5.CHAPTER 6.5. Occupational Safety and Health Appeals Board

This text of California § 149.5. (149.5. (Added by Stats. 1979, Ch. 1077.)) is published on Counsel Stack Legal Research, covering California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Cal. Labor Code - LAB Code § 149.5. (2026).

Text

The appeals board may award reasonable costs, including attorney’s fees, consultant’s fees, and witness’ fees, not to exceed five thousand dollars ($5,000) in the aggregate, to any employer who appeals a citation resulting from an inspection or investigation conducted on or after January 1, 1980, issued for violation of an occupational safety and health standard, rule, order, or regulation established pursuant to Chapter 6 (commencing with Section 140) of Division 1, if (1) either the employer prevails in the appeal, or the citation is withdrawn, and (2) the appeals board finds that the issuance of the citation was the result of arbitrary or capricious action or conduct by the division.
The appeals board shall adopt rules of practice and procedure to implement this section.
The payment of 

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The appeals board may award reasonable costs, including attorney’s fees, consultant’s fees, and witness’ fees, not to exceed five thousand dollars ($5,000) in the aggregate, to any employer who appeals a citation resulting from an inspection or investigation conducted on or after January 1, 1980, issued for violation of an occupational safety and health standard, rule, order, or regulation established pursuant to Chapter 6 (commencing with Section 140) of Division 1, if (1) either the employer prevails in the appeal, or the citation is withdrawn, and (2) the appeals board finds that the issuance of the citation was the result of arbitrary or capricious action or conduct by the division.
The appeals board shall adopt rules of practice and procedure to implement this section.
The payment of costs pursuant to this section shall be from funds in the regular operating budget of the division. The division shall show in its proposed budget for each fiscal year the following information with respect to the prior fiscal year:
(a)
The total costs paid.
(b)
The number of cases in which costs were paid.