Section 149.5 Of Chapter 6.5. Occupational Safety And Health Appeals Board From California Labor Code >> Division 1. >> Chapter 6.5.
149.5
. 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citation is withdrawn, and (2) the appeals board finds that the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.