Cal/OSHA Appeals Board: employer petition to stay abatement pending reconsideration of serious, repeat serious, or willful serious citation (10 days after issuance of decision)
10 days after issuance of the order or decision, under Lab. Code 6625(b).
Rule text
Lab. Code 6625(b): "The filing of a petition for, or the pendency of, reconsideration of a final order or decision involving a citation classified as serious, repeat serious, or willful serious does not stay or suspend the requirement to abate the hazards affirmed by the decision or order unless the employer demonstrates by a preponderance of the evidence that a stay or suspension of abatement will not adversely affect the health and safety of employees. The employer must request a stay or suspension of abatement by filing a written, verified petition with supporting declarations within 10 days after the issuance of the order or decision."
Calculate this deadline
Deadline
Monday, November 16, 2026
- Trigger (Issuance of the order or decision): Friday, November 6, 2026.
- Exclude the trigger day and count 10 calendar days: Monday, November 16, 2026.
Rules applied
Lab. Code 6625(b)
Lab. Code 6625(b): "The filing of a petition for, or the pendency of, reconsideration of a final order or decision involving a citation classified as serious, repeat serious, or willful serious does not stay or suspend the requirement to abate the hazards affirmed by the decision or order unless the employer demonstrates by a preponderance of the evidence that a stay or suspension of abatement will not adversely affect the health and safety of employees. The employer must request a stay or suspension of abatement by filing a written, verified petition with supporting declarations within 10 days after the issuance of the order or decision."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
- Runs from ISSUANCE, so no mail extension. Only for serious, repeat serious, or willful serious classifications.
- 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
Issuance of the order or decision on Monday, March 15, 2027, personal service: due Thursday, March 25, 2027.
- Trigger (Issuance of the order or decision): Monday, March 15, 2027.
- Exclude the trigger day and count 10 calendar days: Thursday, March 25, 2027.
Notes
Runs from ISSUANCE, so no mail extension. Only for serious, repeat serious, or willful serious classifications.
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.