Cal/OSHA Appeals Board: employer appeal of citation or notice of proposed penalty (15 working days from receipt)
15 court days after employer receives the division citation or notice of proposed penalty, under Lab. Code 6600, 6601; 8 CCR 359(a), (d), 347(ee), 348(a).
Rule text
Lab. Code 6600: "Any employer served with a citation or notice pursuant to Section 6317, or a notice of proposed penalty under this part, or any other person obligated to the employer as specified in subdivision (b) of Section 6319, may appeal to the appeals board within 15 working days from the receipt of such citation or such notice with respect to violations alleged by the division, abatement periods, amount of proposed penalties, and the reasonableness of the changes required by the division to abate the condition." 8 CCR 359(d): "An appeal is timely if the intent to appeal is mailed to or received by the Appeals Board within 15 working days of the date the citation is received by the cited employer. The time for filing any appeal may be extended or a late filing permitted upon a written showing of good cause that contains sufficient facts to show or establish a reasonable basis for the late filing." 8 CCR 347(ee): "“Working Day” means any day that is not a Saturday, Sunday or State-recognized holiday as provided in Government Code Sections 6700 and 6701."
Lab. Code 6600, 6601; 8 CCR 359(a), (d), 347(ee), 348(a), official source
Calculate this deadline
- Trigger (Employer receives the Division citation or notice of proposed penalty): Friday, November 6, 2026.
- Count 15 court days (Saturdays, Sundays, and court holidays are not counted): Tuesday, December 1, 2026.
Lab. Code 6600, 6601; 8 CCR 359(a), (d), 347(ee), 348(a)
Lab. Code 6600: "Any employer served with a citation or notice pursuant to Section 6317, or a notice of proposed penalty under this part, or any other person obligated to the employer as specified in subdivision (b) of Section 6319, may appeal to the appeals board within 15 working days from the receipt of such citation or such notice with respect to violations alleged by the division, abatement periods, amount of proposed penalties, and the reasonableness of the changes required by the division to abate the condition." 8 CCR 359(d): "An appeal is timely if the intent to appeal is mailed to or received by the Appeals Board within 15 working days of the date the citation is received by the cited employer. The time for filing any appeal may be extended or a late filing permitted upon a written showing of good cause that contains sufficient facts to show or establish a reasonable basis for the late filing." 8 CCR 347(ee): "“Working Day” means any day that is not a Saturday, Sunday or State-recognized holiday as provided in Government Code Sections 6700 and 6701."Official source
Gov. Code 6800; Gov. Code 6707 (filings with a state agency); CCP 12, 12a, 13; agency rules 8 CCR 10600 (WCAB), 8 CCR 32130 (PERB), 22 CCR 5000 'Holiday' definition (CUIAB)
Gov. Code 6800: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." Gov. Code 6707: "When the last day for filing any instrument or other document with a state agency falls upon a Saturday or holiday, such act may be performed upon the next business day with the same effect as if it had been performed upon the day appointed." 8 CCR 10600: "(a) The time in which any act provided by these rules is to be performed is computed by excluding the first day and including the last. (b) Unless otherwise provided by law, if the last day for exercising or performing any right or duty to act or respond falls on a weekend, or on a holiday for which the offices of the Workers' Compensation Appeals Board are closed, the act or response may be performed or exercised upon the next business day." 8 CCR 32130(a)-(b) (PERB): "(a) In computing any period of time under these regulations, except under Section 32776(c), (d), (e) and (f), the period of time begins to run the day after the act or occurrence referred to. (b) Whenever the last date to file a document falls on Saturday, Sunday, or a holiday, as defined in Government Code Sections 6700 and 6701, or PERB offices are closed, the time period for filing shall be extended to and include the next regular PERB business day. The extension of time provided herein shall be applied subsequent to the application of any other extension of time provided by these regulations or by other applicable law." CCP 12a(a): "If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays."Official source
- Counted in working days from RECEIPT of the citation (not issuance). Appeal is deemed filed when the Board is notified of intent to appeal (359(a)); telephone, writing, in person, or OASIS online (359(b)); notice to the Division is NOT an appeal (359(c)). If not appealed, the citation becomes a final order not subject to review (Lab. Code 6601; 8 CCR 333). The 348(c) mail extension expressly does not apply to filing an appeal. Late appeal only on a written good cause showing with declaration (359(d)-(e)). Last day not a working day rolls to next working day (348(a)). Working days: 8 CCR 347(ee) defines "Working Day" as any day that is not a Saturday, Sunday or State-recognized holiday under Gov. Code 6700 and 6701 (the broad state holiday list, including Lincoln Day, Lunar New Year, Genocide Remembrance Day, Juneteenth, Admission Day, Native American Day, Columbus Day and Diwali). The engine's state-office holiday list is narrower, so a forward count over one of those extra holidays can come out one day EARLY (conservative); lawyer should confirm.
- If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.
This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.
Worked example
Employer receives the Division citation or notice of proposed penalty on Monday, March 15, 2027, personal service: due Tuesday, April 6, 2027.
- Trigger (Employer receives the Division citation or notice of proposed penalty): Monday, March 15, 2027.
- Count 15 court days (Saturdays, Sundays, and court holidays are not counted): Tuesday, April 6, 2027.
Notes
Counted in working days from RECEIPT of the citation (not issuance). Appeal is deemed filed when the Board is notified of intent to appeal (359(a)); telephone, writing, in person, or OASIS online (359(b)); notice to the Division is NOT an appeal (359(c)). If not appealed, the citation becomes a final order not subject to review (Lab. Code 6601; 8 CCR 333). The 348(c) mail extension expressly does not apply to filing an appeal. Late appeal only on a written good cause showing with declaration (359(d)-(e)). Last day not a working day rolls to next working day (348(a)). Working days: 8 CCR 347(ee) defines "Working Day" as any day that is not a Saturday, Sunday or State-recognized holiday under Gov. Code 6700 and 6701 (the broad state holiday list, including Lincoln Day, Lunar New Year, Genocide Remembrance Day, Juneteenth, Admission Day, Native American Day, Columbus Day and Diwali). The engine's state-office holiday list is narrower, so a forward count over one of those extra holidays can come out one day EARLY (conservative); lawyer should confirm.
Related deadlines
- CUIAB: appeal EDD eligibility determination to ALJ (30 days from service of notice) (30 days after)
- CUIAB: appeal EDD notice of overpayment to ALJ (30 days from mailing or service) (30 days after)
- CUIAB: employer petition for review or reassessment (30 days after service of notice of assessment) (30 days after)
- CUIAB: appeal ALJ decision to the Appeals Board (30 days after mailing of decision) (30 days after)
- SPB: answer/appeal of adverse action (30 calendar days after effective date of the action) (30 days after)
- PERB: statement of exceptions to Board agent's proposed decision (20 days after service) (20 days after)
- PERB: response to exceptions (and any cross-exceptions) (20 days after service of exceptions) (20 days after)
- PERB: response to cross-exceptions (20 days) (20 days after)
Rules current as of 2026-10-27. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.