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In proceedings arising from three citations by Cal-OSHA concerning unsafe practices regarding metal embossing machines and imposition of $25,600 in fines, plaintiff's petition for writ of administrative mandate challenging a decision by defendant-Board denying plaintiff's request for reconsideration of the dismissal of its appeals is affirmed where: 1) the Board did not exceed its powers in denying reconsideration and petitioner's claim that only a three-member panel can act as the Board is rejected; and 2) because citations are critical to proceedings before the Board, there was no error in the Board's ruling that plaintiff's failure to provide the citations was fatal to its appeals.
Filed December 14, 2009
Opinion by Judge Manella
For Appellant: Atkinson, Andelson, Loya, Ruud & Romo, Eugene F. McMenamin and Jennifer D. Cantrell
For Appellee: J. Jeffrey Mojcher, Chief Counsel, and Heidi B. Smith, Industrial Relations Counsel III
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