California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 6 - Representation Proceedings › Article 2 - Elections › Section 32739 - Powers and Duties of Board Agent Concerning Objections

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Concerning objections, the Board agent has the power
						to:
(a) Direct any party to submit
					 evidence through declarations or documents;
(b) Order the inspection of documents by
					 Board agents or the parties;
(c)
					 Direct any party to submit an offer of proof;
(d) Obtain declarations from witnesses based
					 on personal knowledge;
(e) Conduct
					 investigatory conferences with the parties to explore and resolve factual or
					 legal issues;
(f) Dismiss any
					 objections which, after investigation, do not warrant setting aside the
					 election. Any such dismissal is appealable to the Board itself pursuant to
					 Chapter 1, Subchapter 4, Article 3 of these regulations.
(g) Issue a written determination setting
					 aside the election when, after investigation, it appears that such action is
					 warranted, and that no material factual disputes exist. Such determination
					 shall be in writing and served on the parties. Any such determination is
					 appealable to the Board itself pursuant to Chapter 1, Subchapter 4, Article 3
					 of these regulations.
(h) Schedule
					 a hearing when substantial and material factual disputes exist. Any hearing
					 shall be limited to the issues set forth in the notice of hearing.
1. New
						section filed 9-20-82; effective upon filing pursuant to Government Code
						Section
						11346.2(d)
						(Register 82, No. 39).
2. Change without regulatory effect amending
						subsections (f)-(g) filed 3-22-95 pursuant to section
						100, title 1, California Code of
						Regulations (Register 95, No. 12).
3. Change without regulatory
						effect amending NOTE filed 2-15-2001 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2001, No. 7).
4. Change without regulatory
						effect amending subsections (f) and (g) filed 5-20-2002 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2002, No. 21).
5. Amendment of NOTE filed
						2-2-2004 as an emergency; operative 2-2-2004 (Register 2004, No. 6). A
						Certificate of Compliance must be transmitted to OAL by 6-1-2004 or emergency
						language will be repealed by operation of law on the following
						day.
6. Certificate of Compliance as to 2-2-2004 order transmitted
						to OAL 5-4-2004 and filed 6-8-2004 (Register 2004, No. 24).
7.
						Amendment of NOTE filed 12-6-2013 as an emergency; operative 12-6-2013 pursuant
						to Government Code section
						110035.5
						(Register 2013, No. 51). This regulatory action is deemed an emergency exempt
						from OAL review and was filed directly by the agency with the Secretary of
						State pursuant to Government Code section
						110035.5.
						A Certificate of Compliance must be transmitted to OAL by 6-4-2014 or emergency
						language will be repealed by operation of law on the following
						day.
8. Certificate of Compliance as to 12-6-2013 order transmitted
						to OAL 5-29-2014 and filed 7-10-2014 (Register 2014, No. 28).
9.
						Change without regulatory effect amending NOTE filed 5-8-2018 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2018, No. 19).
10. Amendment of NOTE filed
						4-18-2023; operative 7-1-2023 (Register 2023, No.
						16).
Note: Authority cited: Sections
						  3513(h),
						  3524.52(a),
						  3541.3(g)
						  and
						  3563(f),
						  Government Code; and Section
						  99561(f),
						  Public Utilities Code. Reference: Sections
						  3513(h) 3520.5(b),
						  3524.52(a), 3524.74(a), 3524.74(b), 3524.74(d), 3541.3(c), 3544.1(a), 3544.3,
						  3544.7(a), 3546, 3563(c), 3574(a), 3577, 3579(e) and 3583.5, Government Code;
						  and Sections
						  99561(c),
						  99561(e),
						  99561(g),
						  99561(k),
						  99561(l),
						  99564,
						  99564.1,
						  99564.2,
						  99564.3,
						  99564.4
						  and
						  99566.1,
						  Public Utilities Code.