Cal/OSHA Appeals Board: petition for reconsideration of ALJ or Board order or decision (30 days after service)
30 days after service of the final order or decision of the alj (hearing officer) or appeals board, under Lab. Code 6614(a), 6616, 6618; 8 CCR 390(a), 391, 391.1, 348(c).
Rule text
Lab. Code 6614(a): "At any time within 30 days after the service of any final order or decision made and filed by the appeals board or a hearing officer, any party aggrieved directly or indirectly by any final order or decision, made and filed by the appeals board or a hearing officer under any provision contained in this division, may petition the appeals board for reconsideration in respect to any matters determined or covered by the final order or decision and specified in the petition for reconsideration." 8 CCR 390(a): "A party aggrieved by an order or decision may, within 30 days of service of such order or decision, petition the Appeals Board for reconsideration with respect to any matters determined or covered by the order or decision. The petition for reconsideration shall be filed at the Appeals Board in Sacramento, California, and shall be deemed filed on the date it is delivered or mailed to the Appeals Board." 8 CCR 348(c): "Where service of any document, letter, application, request, motion, pleading, brief, decision, petition, answer, memorandum, response, or other writing is by mail or email, and if within a given number of days after such service, a right may be exercised, or an act is to be performed, the time within which such right may be exercised or act performed is extended five days if the place of address is within the State of California, and 10 days if the place of address is outside the State of California but within the United States. Such extension shall not apply to extend the time for filing an appeal."
Lab. Code 6614(a), 6616, 6618; 8 CCR 390(a), 391, 391.1, 348(c), official source
Calculate this deadline
- Trigger (Service of the final order or decision of the ALJ (hearing officer) or Appeals Board): Friday, November 6, 2026.
- Exclude the trigger day and count 30 calendar days: Sunday, December 6, 2026.
- That day is a Sunday, so the deadline moves to the next court day: Monday, December 7, 2026 (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)).
Lab. Code 6614(a), 6616, 6618; 8 CCR 390(a), 391, 391.1, 348(c)
Lab. Code 6614(a): "At any time within 30 days after the service of any final order or decision made and filed by the appeals board or a hearing officer, any party aggrieved directly or indirectly by any final order or decision, made and filed by the appeals board or a hearing officer under any provision contained in this division, may petition the appeals board for reconsideration in respect to any matters determined or covered by the final order or decision and specified in the petition for reconsideration." 8 CCR 390(a): "A party aggrieved by an order or decision may, within 30 days of service of such order or decision, petition the Appeals Board for reconsideration with respect to any matters determined or covered by the order or decision. The petition for reconsideration shall be filed at the Appeals Board in Sacramento, California, and shall be deemed filed on the date it is delivered or mailed to the Appeals Board." 8 CCR 348(c): "Where service of any document, letter, application, request, motion, pleading, brief, decision, petition, answer, memorandum, response, or other writing is by mail or email, and if within a given number of days after such service, a right may be exercised, or an act is to be performed, the time within which such right may be exercised or act performed is extended five days if the place of address is within the State of California, and 10 days if the place of address is outside the State of California but within the United States. Such extension shall not apply to extend the time for filing an appeal."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
- 8 CCR 348(c): service by mail or email to an address outside California adds 10 days, not 5. Required before writ of mandate (Lab. Code 6627). Must be verified (Lab. Code 6616; 8 CCR 390(c)) and state every issue; issues not raised are waived (6618; 391). Deemed filed on date delivered or mailed (390(a)) or the date on the proof of service (391.1(a)); missing verification or proof of service may be cured within 5 days of the Board letter (391.1(b)). 348(c) extension (5 days California address, 10 days elsewhere in U.S.) applied when the decision is served by mail or email; the statute says 30 days after service and the regulation extension is not tested here against the statutory period (LAWYER REVIEW; conservative practice is to file within 30 days of service). Absent a petition the decision becomes final 30 days after FILING (8 CCR 390.3(a)), which can be earlier than the service-based date if service lags filing.
- 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 final order or decision of the ALJ (hearing officer) or Appeals Board on Monday, March 15, 2027, personal service: due Wednesday, April 14, 2027.
- Trigger (Service of the final order or decision of the ALJ (hearing officer) or Appeals Board): Monday, March 15, 2027.
- Exclude the trigger day and count 30 calendar days: Wednesday, April 14, 2027.
Unsettled points
- The calculator shows 30 days from service with no mail or email days added, the earlier date, because the statute limits the petition to the time in the chapter.Other reading: If 8 CCR 348(c) extends the statutory period, the deadline is 5 days later (10 days for out-of-state mail).
Notes
8 CCR 348(c): service by mail or email to an address outside California adds 10 days, not 5. Required before writ of mandate (Lab. Code 6627). Must be verified (Lab. Code 6616; 8 CCR 390(c)) and state every issue; issues not raised are waived (6618; 391). Deemed filed on date delivered or mailed (390(a)) or the date on the proof of service (391.1(a)); missing verification or proof of service may be cured within 5 days of the Board letter (391.1(b)). 348(c) extension (5 days California address, 10 days elsewhere in U.S.) applied when the decision is served by mail or email; the statute says 30 days after service and the regulation extension is not tested here against the statutory period (LAWYER REVIEW; conservative practice is to file within 30 days of service). Absent a petition the decision becomes final 30 days after FILING (8 CCR 390.3(a)), which can be earlier than the service-based date if service lags filing.
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.