BILL NUMBER: AB 1277 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 9, 2013
AMENDED IN ASSEMBLY MARCH 13, 2013
INTRODUCED BY Assembly Member Skinner
( Principal coauthor: Senator
DeSaulnier )
FEBRUARY 22, 2013
An act to amend Section Sections 143.1,
148.5, 6317, 6409.1, 6601, 6601.5, 6602, 6603 , 6614, and
6625 of , to add Sections 148.3, 6600.1, 6602.5, 6602.6,
and 6626.5 to, and to repeal and add Section 6309 to, the Labor
Code, relating to employment.
LEGISLATIVE COUNSEL'S DIGEST
AB 1277, as amended, Skinner. Department of Industrial
Relations. Occupational safety and health: procedures.
Existing law establishes the Division of Occupational Safety and
Health in the Department of Industrial Relations to enforce
employment safety laws. Existing law authorizes the division to
conduct hearings, inspections, and investigations regarding alleged
violations of employment safety laws and to issue citations to
employers. Existing law establishes the Occupational Safety and
Health Appeals Board in the department and prescribes procedures for
the appeals board to hear and decide employer appeals of the division'
s enforcement actions. Existing law also establishes the
Occupational Safety and Health Standards Board in the department and
authorizes the standards board to adopt, amend, or repeal
occupational safety and health standards and orders and
prescribes procedures for the standards board to conduct a
hearing on a request for a permanent variance from a standard or
order upon request from an employer, as specified.
Existing law requires the rules of practice and procedure
established by the appeals board to provide affected employees or
representatives of affected employees an opportunity to participate
as parties to a hearing contesting specified enforcement actions.
This bill would require that the board's rules of practice and
procedure also provide for the scheduling of hearings in a manner
designed to minimize inconvenience to the division, parties, and
witnesses, and to provide for completion of the hearings without
significant lapses in time, as specified.
This bill would revise and recast various provisions regarding the
investigations and citations issued by the division, the persons or
entities who are authorized to participate as parties in an appeal
before the appeals board, the procedures that govern the standards
board in conducting a hearing on a permanent variance, the procedures
that govern the appeals board in hearing, deciding, and
reconsidering appeals, and procedures that govern the judicial review
of the appeals board's decisions. The bill would make other related
clarifying and conforming changes.
Existing law requires an employer to file a complete report of
every occupational injury or occupational illness, as defined, to
each employee that results in lost time beyond the date of the injury
or illness, or that requires medical treatment beyond first aid,
with the department, or if an insured employer, with the insurer.
Under existing law, in every case involving a serious injury or
illness, or death, an additional report is required to be made
immediately by the employer to the division, as specified. Under
existing law, an employer is required to be assessed a civil penalty
not less than $5,000 for a violation of the requirement to make the
additional report to the division.
This bill would authorize the division to increase the penalty in
a settlement or decrease it to no less than $2,500 under specified
conditions, including that the employer has declared, under penalty
of perjury, that it made a timely report to its workers' compensation
carrier or to a state, county, or local fire or police agency and
that it was informed by that entity that the report satisfied the
requirement to report to the division. By expanding the scope of the
crime of perjury, this bill would impose a state-mandated local
program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 143.1 of the Labor
Code is amended to read:
143.1. (a) The board shall conduct
hearings a hearing on such requests
a request for a permanent variance after
affected employees or employee representatives are properly
notified pursuant to subdivision (b) and given an
opportunity to appear be heard . All
board decisions on permanent variance requests shall be final except
for any rehearing or judicial review provided for by law.
(b) An affected employee has a right to due process when a
permanent variance from a standard or order is sought pursuant to
Section 143. The employer shall post a notice of the variance
prepared by the board and shall provide that notice to each
collective bargaining agent who represents an employee.
(c) For the purposes of this section, "affected employee" means an
employee who would be affected by the grant or denial of a variance,
limitation, variation, tolerance, or exemption from a standard or
order sought by an employer pursuant to Section 143.
SEC. 2. Section 148.3 is added to the
Labor Code , to read:
148.3. In adjudicating appeals, the appeals board shall do both
of the following:
(a) Apply the regulations adopted by the department regarding
occupational safety and health.
(b) Liberally construe the provisions of Division 5 (commencing
with Section 6300), as well as the standards and orders adopted by
the Division of Occupational Safety and Health or the department
pursuant to that division, and the standards and orders adopted by
the Occupational Safety and Health Standards Board pursuant to
Chapter 6 (commencing with Section 140), in order to promote safe and
healthy working conditions for the working men and women of this
state.
SEC. 3. Section 148.5 of the Labor Code
is amended to read:
148.5. A decision of the appeals board is final, except for any
rehearing or judicial review as permitted by Chapter 4
7 (commencing with Section 6600) of Part 1 of
Division 5.
SEC. 4. Section 6309 of the Labor Code
is repealed.
6309. If the division learns or has reason to believe that an
employment or place of employment is not safe or is injurious to the
welfare of an employee, it may, on its own motion, or upon complaint,
summarily investigate the same with or without notice or hearings.
However, if the division receives a complaint from an employee, an
employee's representative, including, but not limited to, an
attorney, health or safety professional, union representative, or
government agency representative, or an employer of an employee
directly involved in an unsafe place of employment, that his or her
employment or place of employment is not safe, it shall, with or
without notice or hearing, summarily investigate the complaint as
soon as possible, but not later than three working days after receipt
of a complaint charging a serious violation, and not later than 14
calendar days after receipt of a complaint charging a nonserious
violation. The division shall attempt to determine the period of time
in the future that the complainant believes the unsafe condition may
continue to exist, and shall allocate inspection resources so as to
respond first to those situations in which time is of the essence.
For purposes of this section, a complaint is deemed to allege a
serious violation if the division determines that the complaint
charges that there is a substantial probability that death or serious
physical harm could result from a condition which exists, or from
one or more practices, means, methods, operations, or processes which
have been adopted or are in use in a place of employment. When a
complaint charging a serious violation is received from a state or
local prosecutor, or a local law enforcement agency, the division
shall summarily investigate the employment or place of employment
within 24 hours of receipt of the complaint. All other complaints are
deemed to allege nonserious violations. The division may enter and
serve any necessary order relative thereto. The division is not
required to respond to a complaint within this period where, from the
facts stated in the complaint, it determines that the complaint is
intended to willfully harass an employer or is without any reasonable
basis.
The division shall keep complete and accurate records of all
complaints, whether verbal or written, and shall inform the
complainant, whenever his or her identity is known, of any action
taken by the division in regard to the subject matter of the
complaint, and the reasons for the action, within 14 calendar days of
taking any action. The records of the division shall include the
dates on which any action was taken on the complaint, or the reasons
for not taking any action on the complaint. The division shall,
pursuant to authorized regulations, conduct an informal review of any
refusal by a representative of the division to issue a citation with
respect to an alleged violation. The division shall furnish the
employee or the representative of employees requesting the review a
written statement of the reasons for the division's final disposition
of the case.
The name of a person who submits to the division a complaint
regarding the unsafe condition of an employment or place of
employment shall be kept confidential by the division, unless that
person requests otherwise.
The division shall annually compile and release on its Web site
data pertaining to complaints received and citations issued.
The requirements of this section do not relieve the division of
its requirement to inspect and assure that all places of employment
are safe and healthful for employees. The division shall maintain the
capability to receive and act upon complaints at all times.
SEC. 5. Section 6309 is added to the
Labor Code , to read:
6309. (a) If the division learns or has reason to believe that an
employment or place of employment is not safe or is injurious to the
welfare of an employee, the division, on its own motion, or upon
complaint, may summarily investigate the same with or without notice
or hearings.
(b) The division shall investigate and conduct an onsite
inspection of the employment or place of employment as soon as
possible, but not later than three working days after receipt of a
complaint charging a serious violation, except as provided in
subdivision (e), and shall investigate and may conduct an onsite
inspection not later than 14 calendar days after receipt of a
complaint charging a nonserious violation, from the following:
(1) An employee or former employee.
(2) An employee's or former employee's representative, including,
but not limited to, an attorney; a union, workers' organization, or
community organization; or a family member of an employee or former
employee.
(3) A health or safety professional.
(4) A government agency representative.
(5) A joint labor-management committee established pursuant to the
federal Labor Management Cooperation Act of 1978 (Section 175a of
Title 29 of the United States Code).
(6) An employer of an employee who is or may be exposed to an
unsafe or unhealthful condition in his or her employment or at his or
her place of employment.
(c) The division may investigate and conduct an onsite inspection
of a serious violation charged in a complaint from a person other
than those described in paragraphs (1) to (6), inclusive, of
subdivision (b) before investigating any nonserious violation in
order to best effectuate the purposes of this division.
(d) For purposes of this section, a complaint is deemed to allege
a serious violation if the division determines that the complaint
charges that there is a realistic possibility that death or serious
physical harm could result from a condition that exists, or from one
or more practices, means, methods, operations, or processes that have
been adopted or are in use in a place of employment. All other
complaints are deemed to allege nonserious violations.
(e) If a complaint charging a serious violation is received from a
state or local prosecutor, or a local law enforcement agency, the
division shall investigate and conduct an onsite inspection of the
employment or place of employment within 24 hours of receipt of the
complaint.
(f) The division is not required to respond to a complaint within
the time period required by subdivision (b) if the division
determines, from the facts stated in the complaint, that the
complaint is intended to willfully harass an employer or is without
any reasonable basis.
(g) The division shall attempt to determine the period of time in
the future that the complainant believes the unsafe condition may
continue to exist, and shall allocate inspection resources so as to
respond first to those situations in which time is of the essence.
(h) The division may enter and serve any necessary order relative
to the complaint.
(i) The division shall keep complete and accurate records of all
complaints, whether oral or written, and shall inform the
complainant, whenever his or her identity is known, of any action
taken by the division in regard to the subject matter of the
complaint, and the reasons for the action, within 14 calendar days of
taking any action. The records of the division shall include the
dates on which any action was taken on the complaint, or the reasons
for not taking any action on the complaint. The division, pursuant to
authorized regulations, shall conduct an informal review of any
refusal by a representative of the division to issue a citation with
respect to an alleged violation. The division shall furnish the
employee or the representative of employees requesting the review a
written statement of the reasons for the division's final disposition
of the case.
(j) The division shall keep confidential the name of a person who
submits to the division a complaint regarding the unsafe condition of
an employment or place of employment, unless that person requests
otherwise.
(k) The division shall annually compile and release on its
Internet Web site the data pertaining to complaints received and
citations issued.
(l ) The requirements of this section do not relieve the
division of its requirement to inspect and ensure that all places of
employment are safe and healthful for employees. The division shall
maintain the capability to receive and act upon complaints at all
times.
SEC. 6. Section 6317 of the Labor Code
is amended to read:
6317. (a) If, upon inspection or
investigation, the division believes that an employer has violated
Section 25910 of the Health and Safety Code , this division,
Article 4 (commencing with Section 3550) of Chapter 2 of Part 1 of
Division 4, or any standard, rule, order, or regulation
established pursuant to Chapter 6 (commencing with Section 140) of
Division 1 of the Labor Code , or any standard,
rule, order, or regulation established
adopted pursuant to this part code
regarding occupational safety and health , it shall ,
with reasonable promptness , issue a citation to the
employer. Each
(b) Each citation shall be in
writing and shall describe with particularity the nature of the
violation, including a reference to the provision of the code,
standard, rule, regulation, or order alleged to have been violated.
In addition, the citation shall fix a reasonable time for the
abatement of the alleged violation. The period specified for
abatement shall not commence running until the date the citation or
notice is received by certified mail and the certified mail receipt
is signed, or if not signed, the date the return is made to the post
office. If the division officially and directly delivers the citation
or notice to the employer, the period specified for abatement shall
commence running on the date of the delivery.
A "notice"
(c) (1) The
division may issue a notice in lieu of a citation
may be issued with respect to violations found in
an inspection or investigation which that
meet either of the following requirements:
(1)
(A) The violations do not have a direct relationship
upon the health or safety of an employee.
(2)
(B) The violations do not have an immediate
relationship to the health or safety of an employee, and are of a
general or regulatory nature. A notice in lieu of a citation may be
issued only if the employer agrees to correct the violations within a
reasonable time, as specified by the division, and agrees not to
appeal the finding of the division that the violations exist. A
notice issued pursuant to this paragraph shall have the same effect
as a citation for purposes of establishing repeat violations or a
failure to abate. Every notice shall clearly state the abatement
period specified by the division, that the notice may not be
appealed, and that the notice has the same effect as a citation for
purposes of establishing a repeated violation or a failure to abate.
The employer shall indicate agreement to the provisions and
conditions of the notice by his or her signature on the notice.
Under
(2) (A) Under
no circumstances shall a notice be issued in lieu of a citation
if the violations are serious, repeated, willful, or arise from a
failure to abate.
The
(B) The director shall prescribe
guidelines for the issuance of these notices
a notice in lieu of citation .
The division may impose a civil penalty against an employer as
specified in Chapter 4 (commencing with Section 6423) of this part. A
(C) A notice in lieu of a
citation may shall not be issued if the
number of first instance violations found in the inspection (other
than serious, willful, or repeated violations) is 10 or more
violations.
No
(d) (1) No
citation or notice shall be issued by the division for a given
violation or violations after six months have elapsed since
occurrence of the violation.
(2) The division may impose a civil penalty against an employer as
specified in Chapter 4 (commencing with Section 6423) of this part.
The
(3) The director shall prescribe
procedures for the issuance of a citation or notice.
The
(4) The division shall prepare
and maintain records capable of supplying an inspector with previous
citations and notices issued to an employer.
SEC. 7. Section 6409.1 of the Labor
Code is amended to read:
6409.1. (a) Every employer shall file a complete report of every
occupational injury or occupational illness, as defined in
subdivision (b) of Section 6409, to each employee which
that results in lost time beyond the date of the
injury or illness, or which that
requires medical treatment beyond first aid, with the Department of
Industrial Relations or, if an insured employer, with the insurer, on
a form prescribed for that purpose by the department. A report shall
be filed concerning each injury and illness which
that has, or is alleged to have, arisen out of and in the
course of employment, within five days after the employer obtains
knowledge of the injury or illness. Each report of occupational
injury or occupational illness shall indicate the social security
number of the injured employee. In the case of an insured employer,
the insurer shall file with the division , immediately
upon receipt, a copy of the employer's report , which
that has been received from the insured
employer. In the event an employer has filed a report of injury or
illness pursuant to this subdivision and the employee subsequently
dies as a result of the reported injury or illness, the employer
shall file an amended report indicating the death with the department
or, if an insured employer, with the insurer, within five days after
the employer is notified or learns of the death. A copy of any
amended reports received by the insurer shall be filed with the
division immediately upon receipt.
(b) In every case involving a serious injury or illness, or death,
in addition to the report required by subdivision (a), a report
shall be made immediately , but no longer than eight hours after
the employer knew or should have known of the death or serious
illness, by the employer to the Division of Occupational Safety
and Health by telephone or telegraph ,
fax, or other electronic means approved by the division .
An employer who violates this subdivision may
shall be assessed a civil penalty of not less than
five thousand dollars ($5,000) that may be adjusted
pursuant to subdivision (d) either by the division in a settlement
agreement between the employer and the division, or by the
Occupational Safety and Health Appeals Board when approving a
settlement agreement or when making a finding . Nothing in this
subdivision shall be construed to increase
affect the maximum civil penalty,
penalty that may be imposed pursuant to Sections
6427 to 6430, inclusive , that may be imposed for a
violation of this section .
(c) When making a report pursuant to subdivision (b), the employer
shall inform the division of all information in its possession
relating to the time, location, and circumstances of the incident.
The employer shall also inform the division if the employee
subsequently dies as a result of the reported injury or illness,
within five days after the employer is notified or learns of the
death.
(d) The civil penalty assessed pursuant to subdivision (b) may be
adjusted according to the following:
(1) The penalty may be reduced if there is a finding on the record
of any of the following:
(A) The employer has 10 or fewer employees.
(B) The employer delayed in reporting to the division by no more
than 48 hours.
(C) The employer delayed in reporting to the division by more than
48 hours or failed to report to the division, but states under
penalty of perjury that it did timely report to its workers'
compensation carrier or to a state, county, or local fire or police
agency, and that it was informed by that entity that reporting to
that entity was sufficient to comply with the requirement to report
to the division.
(2) The penalty may be increased if there is a finding on the
record of any of the following:
(A) The employer failed to report a death resulting from the
reported injury or illness.
(B) The injured or ill employee did not receive prompt and
adequate first aid, medical care, or both.
(C) The employer did not provide evidence that it had an effective
injury and illness prevention program.
(D) The employer previously failed to report a serious injury or
illness, or death.
(E) The employer interfered with the division's investigation by
withholding evidence or witnesses or materially altering the
worksite.
(3) Additional penalty reductions afforded by regulations
promulgated pursuant to subdivision (c) of Section 6319 shall not
apply to the adjustment of the civil penalty assessed pursuant to
subdivision (b).
(4) The penalty shall not be decreased if the division determines
that the failure to report or report timely impaired its
investigation.
(5) The adjusted civil penalty shall not be less than two thousand
five hundred dollars ($2,500).
(e) In addition to any other penalty provided, an employer who
willfully or repeatedly fails to report, or to report timely, an
occupational injury or occupational illness, or a death resulting
from a reported injury or illness, as required by subdivision (b), or
an employer who intentionally interferes with the division's
investigation by withholding evidence or witnesses or materially
altering the worksite, shall be assessed a civil penalty of not more
than seventy thousand dollars ($70,000) for each violation, but in no
case less than five thousand dollars ($5,000) for each willful
violation.
SEC. 8. Section 6600.1 is added to the
Labor Code , to read:
6600.1. Any affected employee may appeal the terms and conditions
of abatement in a citation or notice pursuant to Section 6317 or
order pursuant to Section 6308. A notice of appeal shall be filed
with the division or the appeals board within 15 working days of the
issuance of a citation or order, by any of the following:
(a) An affected employee, individually or through his or her
designated representative, or if the affected employee is deceased,
then the employee's surviving spouse or domestic partner, surviving
issue, or personal representative as defined in Section 58 of the
Probate Code.
(b) A union that represents an affected employee.
(c) A union that has a collective bargaining agreement with the
cited or ordered employer.
(d) For purposes of this chapter, "affected employee" means an
employee who is exposed to or who, due to assigned work in the
vicinity, may be exposed to an unsafe or unhealthful condition out of
circumstances, conditions, practices, or operations that are the
basis of a citation issued by the division to any employer, whether
or not the direct employer of the employee.
SEC. 9. Section 6601 of the Labor Code
is amended to read:
6601. If , within 15 working days from receipt of the
citation or notice of civil penalty issued by the division, the
employer fails to notify the appeals board that he
the employer intends to contest the citation or notice of
proposed penalty, and no notice contesting the terms or
conditions of the abatement period is filed
by any affected employee or representative of the
an affected employee within such
that time, the citation or notice of proposed
penalty shall be deemed a final order of the appeals board and not
subject to review by any court or agency. The 15-day period may be
extended by the appeals board for good cause.
SEC. 10. Section 6601.5 of the Labor
Code is amended to read:
6601.5. If, within 15 working days from receipt of a special
order, order or action order by the
division, the employer fails to notify the appeals board that
he or she the employer intends to
contest the order, and no notice contesting the terms or
conditions of the abatement period is filed
by any affected employee or representative of the
an affected employee within that time, the order
shall be deemed a final order of the appeals board and not subject
to review by any court or agency. The 15-day period may be extended
by the appeals board for good cause.
SEC. 11. Section 6602 of the Labor Code
is amended to read:
6602. If an employer notifies the appeals board that he or she
intends to contest a citation issued under Section 6317, or notice of
proposed penalty issued under Section 6319, or order issued under
Section 6308, or if, within 15 working days of the issuance of a
citation or order any affected employee or representative
of an affected employee files a notice with the division
or appeals board alleging that the period of time fixed in
the citation or order for contesting the terms or
conditions of the abatement of the violation is
unreasonable , the appeals board shall afford an
opportunity for a hearing. The appeals board shall thereafter issue a
decision, based on findings of fact, affirming, modifying ,
or vacating the division's citation ,
or order, or and may modify the
proposed penalty if the penalty modification would not violate a
requirement of this code or a regulation of the department ,
or directing direct other appropriate
relief.
SEC. 12. Section 6602.5 is added to the
Labor Code , to read:
6602.5. The appeals board, upon request, shall permit the
following to participate as a party in an appeal:
(a) An affected employee, individually or through his or her
designated representative, or if the affected employee is deceased,
then the employee's surviving spouse or domestic partner, surviving
issue, or personal representative as defined in Section 58 of the
Probate Code.
(b) A union that represents an affected employee.
(c) A union that has a collective bargaining agreement with the
cited or ordered employer.
SEC. 13. Section 6602.6
is added to the Labor Code , to read:
6602.6. Parties shall have the opportunity to participate fully
in a hearing, receive notices, be permitted to subpoena witnesses and
documents at any time before the completion of the hearings, offer
evidence, examine and cross-examine witnesses, and argue and submit
briefs. Parties representing an affected employee shall also have the
right to participate and object to terms or conditions during
settlement discussions between the division and the employer at any
formal or informal prehearing conference or discussion prior to or
during the hearing, and shall be timely informed of any final
settlement.
SECTION 1. SEC. 14. Section 6603 of
the Labor Code is amended to read:
6603. (a) The rules of practice and procedure adopted by the
appeals board shall be consistent with Article 8 (commencing with
Section 11435.05) of Chapter 4.5 of Part 1 of Division 3 of Title 2
of, and Sections 11507, 11507.6, 11507.7, 11513, 11514, 11515, and
11516 of, the Government Code, and shall provide affected employees
or representatives of affected employees an opportunity to
participate as parties to a hearing under Section 6602. The rules of
practice and procedure also shall provide for the scheduling of
hearings in a manner designed to minimize inconvenience to the
division and all parties and witnesses who are required to attend the
hearings, and for the completion of the hearings without significant
lapses in time if the hearings are not completed within the
scheduled time.
(b) The superior courts shall have jurisdiction over contempt
proceedings, as provided in Article 12 (commencing with Section
11455.10) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the
Government Code.
SEC. 15. Section 6614 of the Labor Code
is amended to read:
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.
Such The petition shall be made only within the
time and in the manner specified in this chapter.
(b) At any time within 30 days after the service of any final
order or decision made and filed by the appeals board, any person
aggrieved directly or indirectly by any final order or decision made
and filed by the appeals board under 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. The petition shall be made only
within the time and in the manner specified in this chapter.
(b)
(c) At any time within 30 days after the filing of an
order or decision made by a hearing officer and the accompanying
report, the appeals board may, on its own motion, grant
reconsideration.
SEC. 16. Section 6625 of the Labor Code
is amended to read:
6625. The filing of a petition for reconsideration shall suspend
for a period of 10 days the order or decision affected, insofar as it
applies to the parties to the petition, unless otherwise ordered by
the appeals board. The appeals board upon the terms and conditions
which that it by order directs, may
stay, suspend, or postpone the order or decision during the pendency
of the reconsideration except as to the requirements for
abatement .
SEC. 17. Section 6626.5 is added to the
Labor Code , to read:
6626.5. (a) An affected person who was not a party to the case
prior to the appeals board issuing the decision after reconsideration
who plans to seek judicial review of a decision pursuant to Section
6627 shall provide a written notice to the appeals board, including a
statement that the affected person intends to seek judicial review
of the decision, a brief statement regarding the nature of the
challenge to the decision after reconsideration, and a request that
the appeals board modify or rescind its decision.
(b) The notice and statement shall be filed with the appeals board
within 30 days of the appeals board order or decision and shall
toll, for 30 days or until the board acts, whichever is sooner, both
the finality of the decision after reconsideration and the filing
deadline set forth in Section 6627. After receiving notice, the
appeals board may either rescind, modify, and reissue the decision
after reconsideration, or deny the request either summarily or in
writing with the reasons stating the basis for the denial. The
appeals board's failure to act on the notice within 30 days shall be
deemed a summary denial. An affected person shall not be required to
file more than one notice prior to seeking judicial review.
(c) Nothing in this section is intended to eliminate or limit any
other exceptions to any requirement under law that administrative
remedies be exhausted before judicial action is sought.
SEC. 18. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.