Keller Industries, Inc. v. Occupational Safety & Appeals Board

Appellant was cited by the Division of Occupational Safety and Health for violations of health and safety standard promulgated under the state’s Occupational Safety and Health Act (Lab. Code, § 6300 et seq.) alleged to have been found by the division on inspection of appellant’s plant at Merced. Respondent scheduled the matter for hearing before an administrative law judge in Stockton. Appellant sought to have the place of hearing changed to Merced. When respondent refused to make the change, appellant petitioned the Merced County Superior Court for a writ of mandate to compel respondent to reset the matter for hearing in Merced. The superior court issued an alternative writ but after hearing rendered judgment denying the peremptory writ of mandate and discharging the alternative writ. The present appeal is from that judgment.

After appellant filed notices of appeal from the citations, respondent on March 7, 1979, sent appellant a notice of hearing stating that the appeals from the nine citations were consolidated and the consolidated appeal was set for hearing at room A-10, State Building, 31 East Channel Street, Stockton, California, on April 18, 19 and 20, 1979, at 9…