California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 2 - Unfair Labor Practice Regulations › Section 20241 - Motions During or After Prehearing Conference and Before Close of Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) With the
				exception of requests for continuances made prior to the opening of hearing and
				requests for continuances in excess of 10 days made during the hearing, motions
				and applications made at or after prehearing conference and prior to close of
				the hearing shall be directed to the assigned administrative law judge and may
				be made orally on the record or in writing. If written, the motion, shall be
				filed and served in accordance with sections
				20160,
				20166, and
				20169; provided, however, if the
				hearing is in progress, copies shall be personally served on each party or its
				representative.
(b) Any party may
				respond to a written motion orally, at the prehearing conference or hearing, or
				in writing so long as a response is made within five days after filing of the
				motion, or such time as the administrative law judge may direct. Written
				responses shall be served on each party or its representative. No further
				pleadings shall be filed in support of or in opposition to the motion unless
				requested by the administrative law judge.
(c) The administrative law judge shall rule
				on all motions either orally on the record or in writing, as may be
				appropriate. Rulings shall state the reasons therefor and, if in writing, shall
				be incorporated in the decision or separately served on all parties or their
				representatives and on the executive secretary.
(d) The administrative law judge may conduct
				a telephone conference call among the parties to hear argument or to rule on
				any motion before him/her. When the conference call method is utilized, upon
				request of any party, or at the direction of the administrative law judge, the
				conference call shall be reported or recorded by appropriate means as
				determined by the administrative law judge, and shall become part of the
				official record of the proceeding. As an alternative to a telephone conference
				call, the administrative law judge may utilize any other means of electronic
				communication which the Board has designated as appropriate.
1. Renumbering
				  and amendment of former section
				  20242 to section
				  20241 filed 12-31-82; effective
				  thirtieth day thereafter (Register 83, No. 1).
2. Amendment of
				  subsections (a), (b) and (d) filed 9-20-91; operative 10-21-91 (Register 92,
				  No. 4).
3. Amendment of subsection (b) filed 10-19-95; operative
				  11-18-95 (Register 95, No. 42).
4. Amendment of subsection (a) filed
				  7-8-99; operative 8-7-99 (Register 99, No. 28).
5. Amendment of
				  subsection (a) filed 5-23-2017; operative 5-23-2017 pursuant to Government Code
				  section
				  11343.4(b)(3)
				  (Register 2017, No. 21).
6. Amendment of subsections (a) and (b)
				  filed 8-29-2023; operative 10/1/2023 (Register 2023, No.
				  35).
Note: Authority cited: Section
					 1144, Labor
					 Code. Reference: Sections
					 1160.2 and
					 1160.3, Labor
					 Code.