Cal/OSHA Appeals Board: petition for reconsideration deemed denied if not acted on (45 days after service of petition)
45 days after service of the petition for reconsideration, under 8 CCR 390.3(b).
Rule text
8 CCR 390.3(b): "Any petition for reconsideration shall be deemed to have been denied by the Appeals Board if it is not acted upon within 45 days of service and the order or decision is a final order of the Appeals Board and not subject to review by any court or agency. The Appeals Board may, however, upon a showing of good cause, extend the time within which it may act upon the petition for a period not exceeding 15 days."
Calculate this deadline
- Trigger (Service of the petition for reconsideration): Friday, November 6, 2026.
- Exclude the trigger day and count 45 calendar days: Monday, December 21, 2026.
8 CCR 390.3(b)
8 CCR 390.3(b): "Any petition for reconsideration shall be deemed to have been denied by the Appeals Board if it is not acted upon within 45 days of service and the order or decision is a final order of the Appeals Board and not subject to review by any court or agency. The Appeals Board may, however, upon a showing of good cause, extend the time within which it may act upon the petition for a period not exceeding 15 days."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
- Deemed-denial date: no weekend/holiday roll and no mail extension (roll none). The Board may extend by up to 15 days for good cause; check the docket. "Service" is not further defined (presumably service of the petition). A deemed denial starts the 30-day writ period (oshab_writ_mandate_after_denial). The 390.3(b) phrase "not subject to review by any court" is in tension with Lab. Code 6627 writ review; LAWYER REVIEW.
- 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
Service of the petition for reconsideration on Monday, March 15, 2027, personal service: due Thursday, April 29, 2027.
- Trigger (Service of the petition for reconsideration): Monday, March 15, 2027.
- Exclude the trigger day and count 45 calendar days: Thursday, April 29, 2027.
Notes
Deemed-denial date: no weekend/holiday roll and no mail extension (roll none). The Board may extend by up to 15 days for good cause; check the docket. "Service" is not further defined (presumably service of the petition). A deemed denial starts the 30-day writ period (oshab_writ_mandate_after_denial). The 390.3(b) phrase "not subject to review by any court" is in tension with Lab. Code 6627 writ review; LAWYER REVIEW.
Related deadlines
- WCAB: petition for reconsideration of final order, decision or award (20 days after service) (20 days after)
- WCAB: answer to petition for reconsideration (10 days after service of petition) (10 days after)
- WCAB: petition for reconsideration deemed denied (60 days after trial judge transmits case to Board) (60 days after)
- APA: last day agency can order reconsideration (30 days after delivery or mailing of decision) (30 days after)
- SPB: petition for rehearing (30 days after service of Board decision) (30 days after)
- SPB: response to petition for rehearing (20 calendar days after service of the petition) (20 days after)
- SPB: petition for rehearing deemed denied (90 days after service of notice of filing) (90 days after)
- PERB: request for reconsideration of Board decision (20 days after service) (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.