§ 413. — 413. (Amended by Stats. 1984, Ch. 537, Sec. 10.)

(a)
The appeals board acting as a whole may, by notice mailed to the director and the parties not later than 30 days after the mailing of an administrative law judge’s decision on an appeal or petition under this division to the administrative law judge, on its own motion either:
(1)
Set aside the decision of the administrative law judge and remand the proceedings to another administrative law judge for review and decision; or
(2)
Remove the proceedings to itself for review and decision.
(b)
If the appeals board removes any proceedings to itself for review and decision pursuant to this section, the appeals board may order the taking of additional evidence and may affirm, reverse, modify or set aside the decision of the administrative law judge. The appeals board shall promptly notify the department and the parties to the proceedings of its order or decision.
(c)
Notwithstanding any other provision of this division, no decision of an administrative law judge under this division shall be final if the appeals board pursuant to this section sets aside such decision or removes the proceedings to itself for review and decision.

Legislative History

Amended by Stats. 1984, Ch. 537, Sec. 10.