reglab/statecodes huggingface dataset:
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 1.5 - General Rules of Pleading and Practice › Section 20192 - Extensions of Time

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Extraordinary circumstances do at times occur which prevent parties or their
				counsel or representative from complying with the time limits contained in the
				regulations or orders of the Board for the filing and service of papers. In
				those situations, parties, or their counsel or representatives, may apply for
				extensions of time by written motion directed to the executive secretary or
				assigned administrative law judge, as appropriate in accordance with sections
				20240 and
				20241, with service on all other
				parties.
(b) Requests for
				extensions of time shall be filed or presented in the same manner as motions
				for continuances, except that, absent good cause shown, they are to be received
				at least three calendar days before the due date of the papers to be filed. The
				request shall include the due date, the length of extension sought, and the
				grounds for the extension, in the same manner as required for continuances in
				section 20190(c)(2). The
				request must be accompanied by a declaration stating the position of the other
				parties. If the other parties' positions were not obtained, the declaration
				must state in detail all efforts made to attempt to contact that party or the
				party's counsel, including the dates and times of any emails and telephone
				calls, and whether a message was left.
(c) Requests for extensions of time will be
				processed and ruled on by the executive secretary or assigned administrative
				law judge, as appropriate in accordance with sections
				20240 and
				20241, based on considerations
				similar to those described in sections
				20190(e), (f), and
				(g).
1. New section
				  filed 9-20-91; operative 10-21-91 (Register 92, No. 4).
2. Amendment
				  filed 7-8-99; operative 8-7-99 (Register 99, No. 28).
3. Amendment
				  of section and NOTE filed 8-29-2023; operative 10/1/2023 (Register 2023, No.
				  35).
Note: Authority cited: Section
					 1144, Labor
					 Code. Reference: Sections
					 1142,
					 1151.4,
					 1156.3,
					 1156.7,
					 1160.2,
					 1160.3 and
					 1160.5, Labor
					 Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 1.5 - General Rules of Pleading and Practice › Section 20194 - Requests to Shorten Time

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Circumstances occur from time to time when parties desire to shorten the time
				for complying with the time limits contained in these regulations or in orders
				of the Board, the executive secretary, an administrative law judge, or an
				investigative hearing examiner for the filing and service of papers or for the
				commencement of hearings and prehearings. For good cause shown, parties or
				counsel may apply for an order shortening time to the executive secretary or
				the assigned administrative law judge, as appropriate in accordance with
				sections 20240 and
				20241, by written motion, with
				service on all other parties.
(b)
				Requests to shorten time shall be filed or presented in the same manner as
				motions for continuances. The request shall include the time limit then in
				effect, the change sought in that time limit, the grounds for shortening time,
				and the position of the other parties, in the same manner as required for
				continuances in subsection
				20190(c)(2).
(c) Requests to shorten time will be
				processed in the same manner as continuances, and they will be ruled upon
				utilizing considerations similar to those described in the guidelines for
				continuances found in subsections
				20190(e), (f)
				& (g).
1. New section
				  filed 9-20-91; operative 10-21-91 (Register 92, No. 4).
2. Amendment
				  of subsections (a) and (c) filed 7-8-99; operative 8-7-99 (Register 99, No.
				  28).
Note: Authority cited: Section
					 1144, Labor
					 Code. Reference: Sections
					 1142(b),
					 1151.4(a),
					 1156.3(a),
					 (c),
					 1156.7(c),
					 (d),
					 1160.2,
					 1160.3 and
					 1160.5, Labor
					 Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 1.5 - General Rules of Pleading and Practice › Section 20196 - General Provisions Applicable to Continuances and Extensions of Time

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The executive
				secretary may designate member(s) of the Board staff to assist in performing
				the executive secretary's functions with respect to continuances, extensions
				and shortening of time.
(b) The
				failure of a moving party to cooperate with the executive secretary or a
				representative of the executive secretary or the assigned administrative law
				judge in determining whether circumstances exist warranting a continuance or
				extension of time will be grounds for denial of the motion.
(c) False or misleading statements in motions
				or in contacts with the executive secretary, or a representative of the
				executive secretary, or the assigned administrative law judge, in connection
				with a continuance, extension, or a request to shorten time may subject a party
				to adverse action under section
				20800.
1. New section
				  filed 9-20-91; operative 10-21-91 (Register 92, No. 4).
2. Amendment
				  of subsections (a) and (c) filed 7-8-99; operative 8-7-99 (Register 99, No.
				  28).
Note: Authority cited: Section
					 1144, Labor
					 Code. Reference: Sections
					 1142(b),
					 1151.4(a),
					 1156.3(a),
					 (c),
					 1156.7(c),
					 (d),
					 1160.2,
					 1160.3 and
					 1160.5, Labor
					 Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 2 - Unfair Labor Practice Regulations › Section 20200 - Non-Prejudicial Error

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Board may disregard any error or defect in the original
				  or amended charge, complaint, answer or other pleading which does not
				  substantially affect the rights of the parties.
1. Repealer of
				  Chapter 2 (Sections
				  20205-20255.4, not consecutive) and
				  new Chapter 2 (Sections
				  20200-20286, not consecutive) filed
				  10-19-76 as an emergency; effective upon filing (Register 76, No.
				  4).
2. Certificate of Compliance filed 1-12-77 (Register 77, No.
				  3).
3. Renumbering of Section
				  20200 to Section
				  20201 and new Section
				  20200 filed 12-31-82; effective
				  thirtieth day thereafter (Register 83, No. 1).
4. Editorial
				  correction of NOTE filed 2-16-83 (Register 83, No.
				  8).
Note: Authority cited: Section
					 1144, Labor
					 Code. Reference: Sections
					 1140.4(d)
					 and
					 1160.2, Labor
					 Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 2 - Unfair Labor Practice Regulations › Section 20201 - Charge

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any person may file a charge that any person has engaged in
				  or is engaging in an unfair labor practice.
1. Renumbering
				  of former Section
				  20200 to Section
				  20201 filed 12-31-82; effective
				  thirtieth day thereafter (Register 83, No. 1).
Note: Authority cited: Section
					 1144, Labor
					 Code. Reference: Section
					 1160.2, Labor
					 Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 2 - Unfair Labor Practice Regulations › Section 20202 - Form and Contents of Charge

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The charge must be in writing and contain the
				  following:
(a) The name, address, and
				telephone number of the person or organization making the charge.
(b) The name, address, and telephone number
				(if available) of the person, organization, or company against whom the charge
				is made.
(c) A short statement of
				the facts allegedly constituting an unfair labor practice.
(d) The charging party may submit
				declarations, signed under penalty of perjury, in support of the charge. Such
				declarations shall remain confidential, except as provided in section
				20274(a).
(e) Proof of service of the charge on the
				charged party pursuant to the provisions of Section
				20206.
(f) The charge shall be signed by the
				Charging Party below the following statement: "I declare that I have read the
				above charge and the statements contained therein are true to the best of my
				knowledge and belief."
1. Editorial
				  correction adding NOTE filed 2-16-83 (Register 83, No. 8).
2.
				  Amendment of subsection (c), repealer and new subsection (d) and new subsection
				  (f) filed 5-9-2002; operative 6-8-2002 (Register 2002, No.
				  19).
Note: Authority cited: Section
					 1144, Labor
					 Code. Reference: Section
					 1160.2, Labor
					 Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 2 - Unfair Labor Practice Regulations › Section 20204 - Forms. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
				  filed 12-31-82; effective thirtieth day thereafter (Register 83, No.
				  1).
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 2 - Unfair Labor Practice Regulations › Section 20205 - Number of Copies. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Editorial
				  correction adding NOTE filed 2-16-83 (Register 83, No. 8).
2.
				  Repealer filed 5-9-2002; operative 6-8-2002 (Register 2002, No.
				  19).
Note: Authority cited: Section
					 1144, Labor
					 Code. Reference: Section
					 1160.2, Labor
					 Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 2 - Unfair Labor Practice Regulations › Section 20206 - Service of Charge on Charged Party

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An unfair labor practice charge must be served on the charged
				  party as provided in sections
				  20160 and
				  20166. As a courtesy, the regional
				  director shall offer to serve the charge or amendment, on the charged party. In
				  making such an offer or in serving the charge or amendment upon the charged
				  party, the regional director shall not be deemed to have assumed the legal
				  responsibility for timely and proper service. If the charging party elects to
				  serve the charge or amendment, it shall, in addition to filing a proof of
				  service with the charge, file the return receipt with the regional director no
				  later than the date of the issuance of the complaint.
1. Editorial
				  correction adding NOTE filed 2-16-83 (Register 83, No. 8).
2. Change
				  without regulatory effect amending section filed 11-4-91 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 92, No. 12).
3. Amendment filed 7-8-99;
				  operative 8-7-99 (Register 99, No. 28).
4. Amendment of section
				  heading and section filed 5-9-2002; operative 6-8-2002 (Register 2002, No.
				  19).
Note: Authority cited: Section
					 1144, Labor
					 Code. Reference: Section
					 1160.2, Labor
					 Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 2 - Unfair Labor Practice Regulations › Section 20208 - Where Filed

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A charge shall be filed in the regional office in the region
				  where the alleged unfair labor practice occurred or is occurring, unless
				  otherwise directed by the general counsel.
1. Editorial
				  correction adding NOTE filed 2-16-83 (Register 83, No.
				  8).
Note: Authority cited: Section
					 1144, Labor
					 Code. Reference: Section
					 1160.2, Labor
					 Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 2 - Unfair Labor Practice Regulations › Section 20210 - Amendment of Charge

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An amendment to a charge must be in writing and contain the
				  same information as a charge. An amended charge must refer, by original case
				  number, to the charge to which it is related, and must be filed and served in
				  accordance with the provisions of sections
				  20160,
				  20166, and
				  20208.
1. Amendment
				  filed 12-31-82; effective thirtieth day thereafter (Register 83, No.
				  1).
2. Amendment filed 5-9-2002; operative 6-8-2002 (Register 2002,
				  No. 19).
Note: Authority cited: Section
					 1144, Labor
					 Code. Reference: Section
					 1160.2, Labor
					 Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 2 - Unfair Labor Practice Regulations › Section 20212 - Withdrawal of Charge

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The charging party may withdraw a charge with the written
				  consent of the regional director who shall serve written notice of said
				  withdrawal upon all other parties pursuant to section
				  20164.
1. Editorial
				  correction adding NOTE filed 2-16-83 (Register 83, No. 8).
2.
				  Amendment of section filed 9-20-91; operative 10-21-91 (Register 92, No.
				  4).
Note: Authority cited: Section
					 1144, Labor
					 Code. Reference: Section
					 1160.2, Labor
					 Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 2 - Unfair Labor Practice Regulations › Section 20213 - Investigation of Charge; Declarations by Charging Party. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Editorial
				  correction adding NOTE filed 2-16-83 (Register 83, No. 8).
2.
				  Repealer filed 5-9-2002; operative 6-8-2002 (Register 2002, No.
				  19).
Note: Authority cited: Section
					 1144, Labor
					 Code. Reference: Section
					 1160.2, Labor
					 Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 2 - Unfair Labor Practice Regulations › Section 20216 - Investigation by Regional Director

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				The regional director shall investigate to determine whether or not there is
				reasonable cause to believe that an unfair labor practice has been
				committed.
(b) The regional
				director may propound written interrogatories to a charged party to be answered
				under oath. The regional director may propound interrogatories any time that is
				10 days after service of the charge on the charged party. The scope of
				permissible interrogatories under this section shall be limited to threshold
				issues, such as the proper legal identity of the charged party; the charged
				party's status as a labor organization, agricultural employer, farm labor
				contractor, or custom harvester; whether an alleged discriminatee is an
				agricultural employee; and supervisory or agency status of any individual
				alleged to have committed an unfair labor practice. The charged party shall
				respond to the interrogatories within 20 days after service of the
				interrogatories, answering each interrogatory separately and completely, and
				shall sign the response under oath.
(c) If a charged party fails to respond to
				interrogatories propounded by the regional director, the regional director may
				apply to the chief administrative law judge, or the assigned administrative law
				judge, to compel responses from the charged party or for other appropriate
				relief as provided in section
				20238(b).
1. Amendment
				  filed 12-31-82; effective thirtieth day thereafter (Register 83, No.
				  1).
2. Amendment of section and NOTE filed 8-29-2023; operative
				  10/1/2023 (Register 2023, No. 35).
Note: Authority cited: Section
					 1144, Labor
					 Code. Reference: Sections
					 1151 and
					 1160.2, Labor
					 Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 2 - Unfair Labor Practice Regulations › Section 20218 - Dismissal of Charge

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the regional director concludes that there is no
				  reasonable cause to believe that an unfair labor practice has been committed or
				  there is insufficient evidence to support the charge, the charge shall be
				  dismissed in whole or in part. The regional director shall issue a written
				  notice of dismissal stating the reasons for the dismissal and shall serve a
				  copy pursuant to section
				  20164 on the charging party and on
				  the respondent.
1. Editorial
				  correction adding NOTE filed 2-16-83 (Register 83, No. 8).
2.
				  Amendment of section filed 9-20-91; operative 10-21-91 (Register 92, No.
				  4).
Note: Authority cited: Section
					 1144, Labor
					 Code. Reference: Sections
					 1151.4(a)
					 and
					 1160.2, Labor
					 Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 2 - Unfair Labor Practice Regulations › Section 20220 - Complaint

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If, after
				investigation, the general counsel has reason to believe that an unfair labor
				practice has been committed, the general counsel shall issue a formal complaint
				in the name of the Board. The complaint shall contain a statement of the
				specific facts upon which jurisdiction of the Board is based, including the
				identity of the respondent, and shall state with particularity the conduct
				which is alleged to constitute an unfair labor practice. The statement must
				include, where known, the dates and places of the conduct and the names of the
				persons who allegedly committed the acts being charged. The Board may disregard
				any error or defect in the complaint which does not substantially affect the
				rights of the parties.
(b) The
				complaint shall be accompanied by a statement explaining:
(1) the requirements for an answer,
(2) the right of respondent to a
				hearing, and
(3) the manner in
				which hearings are scheduled; and it shall also include a copy of sections
				20190 and
				20192 dealing with continuances and
				extensions of time and a copy of sections
				20235 through
				20238 concerning
				discovery.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 2 - Unfair Labor Practice Regulations › Section 20221 - Filing and Service of Complaint

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The complaint shall be filed and served as required by
				  Chapter 1.5.
1. Amendment
				  filed 12-31-82; effective thirtieth day thereafter (Register 83, No.
				  1).
2. Editorial correction of NOTE filed 2-16-83 (Register 83, No.
				  8).
3. Amendment of section filed 9-20-91; operative 10-21-91
				  (Register 92, No. 4).
Note: Authority cited: Section
					 1144, Labor
					 Code. Reference: Sections
					 1151.4(a)
					 and
					 1160.2, Labor
					 Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 2 - Unfair Labor Practice Regulations › Section 20222 - Amendment of Complaint; Withdrawal of Complaint

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The general counsel, or the general
				counsel's agents, may amend any complaint without leave, no later than 10 days
				prior to the commencement of the hearing. Where there are less than 10 days
				remaining prior to the opening of the hearing, the complaint may be amended on
				such terms as may be just, upon motion by the general counsel to the assigned
				administrative law judge. An amendment to a complaint shall be in writing,
				except that a complaint may be amended orally at hearing or prehearing if the
				amendment is reduced to writing, filed with the executive secretary and served
				on the assigned administrative law judge and on all parties no later than 10
				days after the close of the prehearing conference or hearing, as the case may
				be.
(b) The general counsel or the
				general counsel's agents may withdraw any complaint, without leave, prior to
				the commencement of the hearing. Thereafter, the complaint may be withdrawn on
				such terms as may be just upon motion by the general counsel to the assigned
				administrative law judge.
1. Amendment
				  filed 3-14-78; effective thirtieth day thereafter (Register 78, No.
				  11).
2. Editorial correction adding NOTE filed 2-16-83 (Register 83,
				  No. 8).
3. Amendment of subsection (a) and new subsection (b) filed
				  9-20-91; operative 10-21-91 (Register 92, No. 4).
4. Amendment filed
				  7-8-99; operative 8-7-99 (Register 99, No. 28).
5. Amendment of
				  section and NOTE filed 8-29-2023; operative 10/1/2023 (Register 2023, No.
				  35).
Note: Authority cited: Section
					 1144, Labor
					 Code. Reference: Sections
					 1151.4,
					 1160.2 and
					 1160.3, Labor
					 Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 2 - Unfair Labor Practice Regulations › Section 20224 - Notice of Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When a case
				is ready to proceed to hearing, the general counsel will notify the chief
				administrative law judge, who will cause a notice of hearing to issue,
				specifying the time and place of hearing. In the alternative, the general
				counsel may arrange with the chief administrative law judge to include the time
				and place of hearing in the complaint.
(b) Except where circumstances warrant an
				expedited hearing, no hearing shall be scheduled to commence less than fifteen
				(15) days after the issuance of the complaint, and no prehearing conference
				shall be scheduled to commence less than ten (10) days after the issuance of
				the complaint.
1. New section
				  filed 9-20-91; operative 10-21-91 (Register 92, No. 4).
2. Amendment
				  of subsection (b) filed 5-9-2002; operative 6-8-2002 (Register 2002, No.
				  19).
Note: Authority cited: Section
					 1144, Labor
					 Code; Reference: Section
					 1160.2, Labor
					 Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 2 - Unfair Labor Practice Regulations › Section 20225 - Withdrawal, Substitution or Discharge of Attorney or Representative

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An attorney or representative who has made a general
				  appearance for a party in a proceeding governed by this Chapter may withdraw as
				  follows:
(a) upon a written consent
				executed by both the attorney or representative and by the client or the
				attorney or representative who will substitute into the proceedings which shall
				be filed with the executive secretary; or
(b) by the order of the executive secretary
				or the Board, if the matter is then pending before it, upon the application of
				the attorney or representative, or of the client, or of the new attorney or
				representative, after notice from one to the other. Withdrawal or substitution
				shall be permitted unless to do so would result in serious prejudice to the
				other parties to the proceeding. Any application or consent filed pursuant to
				(a) or (b) above shall contain the address of the client or new attorney or
				representative for the service of subsequent pleadings and papers. Any
				application filed pursuant to (b) above shall, without compromising the
				confidentiality of the attorney-client relationship, if any, state in general
				terms the reason for the application.
1. New section
				  filed 9-20-91; operative 10-21-91 (Register 92, No.
				  4).
Note: Authority cited: Section
					 1144, Labor
					 Code. Reference: Section
					 1151.3, Labor
					 Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 2 - Unfair Labor Practice Regulations › Section 20230 - Answer; Time for Filing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The respondent shall file an answer within 10 days of the
				  service of the complaint or any amendment to the complaint. If a hearing is set
				  sooner than 10 days after the service of the complaint, the answer shall be
				  filed no later than the day of the hearing. All allegations in amended
				  complaints served after an answer is filed are deemed denied except for those
				  matters which were admitted in the answer and which have not been changed in
				  the amended complaint.
1. Amendment
				  filed 3-14-78; effective thirtieth day thereafter (Register 78, No.
				  11).
2. Editorial correction adding NOTE filed 2-16-83 (Register 83,
				  No. 8).
3. Amendment filed 7-8-99; operative 8-7-99 (Register 99,
				  No. 28).
Note: Authority cited: Section
					 1144, Labor
					 Code. Reference: Section
					 1160.2, Labor
					 Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 2 - Unfair Labor Practice Regulations › Section 20232 - Contents of Answer

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The answer shall state which facts in the complaint are
				  admitted, which are denied, and which are outside the knowledge of the
				  respondent or any of its agents. The answer may make any appropriate
				  explanation of the circumstances surrounding the facts set forth in the
				  complaint.
Any allegation not denied shall be considered
				  admitted.
1. Editorial
				  correction adding NOTE filed 2-16-83 (Register 83, No.
				  8).
Note: Authority cited: Section
					 1144, Labor
					 Code. Reference: Section
					 1160.2, Labor
					 Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 2 - Unfair Labor Practice Regulations › Section 20234 - Filing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The answer shall be filed with the Executive Secretary and
				  the regional office that issued the complaint. The answer shall be filed and
				  served as required by sections
				  20160,
				  20166 and
				  20169. Any requests to extend the
				  time for filing an answer shall be filed with the Executive Secretary pursuant
				  to section 20240.
1. Amendment
				  filed 12-31-82; effective thirtieth day thereafter (Register 83, No.
				  1).
2. Amendment of section filed 9-20-91; operative 10-21-91
				  (Register 92, No. 4).
3. Amendment filed 5-9-2002; operative
				  6-8-2002 (Register 2002, No. 19).
4. Amendment filed 5-23-2017;
				  operative 5-23-2017 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2017, No. 21).
Note: Authority cited: Section
					 1144, Labor
					 Code. Reference: Section
					 1160.2, Labor
					 Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 2 - Unfair Labor Practice Regulations › Section 20235 - Request for Particulars

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Where a complaint lacks specificity as to the time, place or nature of the
				alleged conduct, or the identity of the persons who engaged in it, or fails
				sufficiently to identify the individual or group against whom the conduct was
				specifically directed, a written request for particulars may be made by the
				respondent in accordance with section
				20237 to obtain such information;
				provided, however, that in responding the general counsel need not disclose the
				identity of any potential witness whose primary source of income is
				non-supervisory employment in agriculture.
(b) Where an answer raises an issue or
				asserts a defense based on an agricultural employee's immigration status, a
				written request for particulars may be made by the general counsel in
				accordance with section
				20237 to obtain further information
				concerning the facts upon which such issue or defense is raised.
1. New section
				  filed 9-20-91; operative 10-21-91 (Register 92, No. 4).
2. Amendment
				  filed 7-8-99; operative 8-7-99 (Register 99, No. 28).
3. Amendment
				  filed 8-29-2023; operative 10/1/2023 (Register 2023, No.
				  35).
Note: Authority cited: Section
					 1144, Labor
					 Code. Reference: Section
					 1160.2, Labor
					 Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 2 - Unfair Labor Practice Regulations › Section 20237 - Requests for Discovery

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Requests pursuant to sections
				20235 and
				20236 shall be in writing and
				directed to the party from whom the information is sought. Copies need not be
				served on the Board.
(b) Requests
				shall be made no later than 15 days following service of the answer, and
				responses shall be due 15 days after receipt of the request; except that, for
				good cause shown, the chief administrative law judge or the executive
				secretary, as appropriate in accordance with sections
				20240 and
				20241, may extend or shorten the
				time to request or respond.
(c)
				Requests shall be deemed continuing. Any requested information which becomes
				available or is discovered after the initial response is to be provided as soon
				as reasonably possible.
1. New section
				  filed 9-20-91; operative 10-21-91 (Register 92, No. 4).
2. Amendment
				  of subsection (b) and NOTE filed 7-8-99; operative 8-7-99 (Register 99, No.
				  28).
Note: Authority cited: Section
					 1144, Labor
					 Code. Reference: Sections
					 1151(a),
					 1160.2 and
					 1160.3, Labor
					 Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 2 - Unfair Labor Practice Regulations › Section 20238 - Orders Compelling Discovery; Sanctions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A requesting party who believes that the
				responding party has failed, in whole or part, to comply with a proper request
				pursuant to sections
				20235,
				20236, or
				20237 may apply in writing to the
				chief administrative law judge for an order requiring compliance. No
				application will be entertained unless the applying party establishes that it
				first made a reasonable effort to resolve the matter by contacting or
				attempting to contact the responding party. The application shall include
				copies of the request and any response received, and shall be served on the
				responding party. The responding party shall immediately notify the office of
				the chief administrative law judge if the party desires to oppose the
				application. Depending on the proximity to hearing, the chief administrative
				law judge shall determine whether the opposition will be written or oral, when
				it will be due, and whether to assign the matter to an administrative law
				judge. When the dispute concerns the propriety of excising or failing to turn
				over a statement containing the name of a potential witness whose primary
				income is from non-supervisory agricultural employment, the privilege created
				by Evidence Code section
				1040(b)(2)
				is waived to the extent of allowing the chief administrative law judge or the
				assigned administrative law judge to examine the entire unexcised document in
				camera to determine what, if any, portions should be disclosed.
(b) If a party or its representative fails to
				comply with an order requiring compliance or otherwise fails to comply with the
				requirements of sections
				20216,
				20217,
				20235,
				20236,
				20237, or
				20250, appropriate sanctions may be
				imposed either by the chief administrative law judge or, if the matter has been
				assigned for hearing, by the assigned administrative law judge. Sanctions may
				include refusing to receive testimony or exhibits, striking evidence received,
				dismissing claims or defenses, or such other action as may be appropriate, but
				shall not include imposition of financial penalties.
1. New section
				  filed 9-20-91; operative 10-21-91 (Register 92, No. 4).
2. Amendment
				  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.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 2 - Unfair Labor Practice Regulations › Section 20240 - Motions Before Prehearing and After Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) With the exception of motions to correct
				the transcript, all motions made before the prehearing conference or after the
				close of hearing shall be filed with the executive secretary in accordance with
				sections 20160,
				20166, and
				20169. Responses shall be filed
				within seven days after the filing of the motion, or within such time as the
				executive secretary may direct, as provided in sections
				20160 and
				20169. No further pleadings shall
				be filed in support of or in opposition to the motion unless requested by the
				executive secretary or assigned administrative law judge.
(b) The executive secretary may rule on
				motions or forward them for ruling to the assigned administrative law judge.
				The ruling shall be in writing with reasons stated, and shall be served on all
				parties or, at the discretion of the administrative law judge, it may be
				incorporated into the administrative law judge's decision.
1. Amendment
				  of subsections (a) and (d) filed 3-14-78; effective thirtieth day thereafter
				  (Register 78, No. 11).
2. Amendment filed 12-31-82; effective
				  thirtieth day thereafter (Register 83, No. 1).
3. Amendment of
				  subsection (a), repealer and renumbering of former subsection (b) and amendment
				  of new subsection (b) filed 9-20-91; operative 10-21-91 (Register 92, No.
				  4).
4. Amendment of subsection (a) filed 10-19-95; operative
				  11-18-95 (Register 95, No. 42).
5. Amendment of subsection (a) filed
				  7-8-99; operative 8-7-99 (Register 99, No. 28).
6. 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).
7. Amendment 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.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 2 - Unfair Labor Practice Regulations › Section 20243 - Motion for Decision for Lack of Evidence

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) After the general counsel or the
				respondent has completed its presentation of evidence, the opposing party,
				without waiving its right to offer evidence in support of its defense or in
				rebuttal in the event the motion is not granted, may move for decision in its
				favor in whole or in part. The motion shall be granted if the administrative
				law judge finds that there is no evidence in the record of sufficient substance
				to support a decision on the merits in favor of the party against whom the
				motion is directed; provided, that, in making this finding, the administrative
				law judge shall give to the evidence of said party all value to which it is
				legally entitled, making every favorable, legitimate inference which may be
				drawn from that evidence; provided further, that, with respect to the
				credibility of that party's witnesses, the administrative law judge may
				disregard such testimony found to be manifestly unworthy of belief.
(b) Any ruling granting a motion for decision
				as to all issues involved in the action shall be in writing with reasons stated
				and shall be served on all parties and the executive secretary. Any such ruling
				shall include a recommended order. Such ruling and recommended order is
				tantamount to an administrative law judge's decision and is reviewable as
				provided in sections
				20279 et seq. or, in the
				alternative, a party may elect to seek review as provided in section
				20242(b).
(c) If the evidence supports the granting of
				the motion as to some but not all of the issues, the administrative law judge
				shall grant the motion as to those issues; the administrative law judge's
				ruling may be made orally or in writing as provided in section
				20241(c) and shall
				be noted in the judge's decision. Such ruling is subject to review under
				section 20242(b), but
				special permission is required; such a ruling is also reviewable by way of
				exception to the administrative law judge's decision pursuant to sections
				20279 et seq.
(d) As to any ruling pursuant to this section
				which is based in whole or in part on a finding that testimony is manifestly
				unworthy of belief, the administrative law judge shall state, orally or in
				writing as provided above, the reason(s) for the finding.
1. New section
				  filed 9-20-91; operative 10-21-91 (Register 92, No. 4).
2. Amendment
				  of subsection (a) 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.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 2 - Unfair Labor Practice Regulations › Section 20244 - Severance and Consolidation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Up
				to ten days prior to the commencement of the hearing, the general counsel may
				order that several charges be consolidated into one complaint or that several
				complaints be consolidated for hearing.
(b) Up to ten days prior to the commencement
				of the hearing, any other party may request the general counsel to consolidate
				or sever unfair labor practice proceedings.
(c) During the period from less than ten days
				prior to the commencement of the hearing until the close of hearing, any party,
				including the general counsel, may file a motion with the administrative law
				judge to consolidate or sever matters in unfair labor practice
				proceedings.
(d) After the close of
				the hearing, consolidation and severance shall be by motion to the
				Board.
(e) Consolidation of unfair
				labor practice proceedings with objections proceedings arising under Labor Code
				section
				1156.3(c)
				shall be governed by section
				20335(c) of these
				regulations.
1. Amendment
				  filed 3-14-78; effective thirtieth day thereafter (Register 78, No.
				  11).
2. Editorial correction adding NOTE filed 2-16-83 (Register 83,
				  No. 8).
3. Amendment of subsections (a) and (b) and new subsections
				  (c), (d) and (e) filed 9-20-91; operative 10-21-91 (Register 92, No.
				  4).
4. Amendment of subsections (a)-(c) and NOTE filed 7-8-99;
				  operative 8-7-99 (Register 99, No. 28).
Note: Authority cited: Section
					 1144, Labor
					 Code. Reference: Sections
					 1149,
					 1160.2 and
					 1160.3, Labor
					 Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 2 - Unfair Labor Practice Regulations › Section 20245 - Transfer of Proceedings and Change of Hearing Location

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The general counsel may at any time order
				that proceedings be transferred from one region to another subject only to the
				terms of paragraph (b) below.
(b)
				Once a case has been noticed for hearing at a specified location, any
				subsequent change in hearing location shall be by written motion to the
				executive secretary or, if the hearing has commenced, to the assigned
				administrative law judge.
1. New section
				  filed 9-20-91; operative 10-21-91 (Register 92, No.
				  4).
Note: Authority cited: Section
					 1144, Labor
					 Code. Reference: Sections
					 1160.2 and
					 1160.3, Labor
					 Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 2 - Unfair Labor Practice Regulations › Section 20246 - Witnesses and Depositions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Witnesses shall be examined orally under oath, except that
				  after the issuance of a complaint, testimony may be taken by deposition, if the
				  witness will be unavailable for the hearing within the meaning of Evidence Code
				  section
				  240, or
				  where the existence of special circumstances makes it desirable in the interest
				  of justice.
(a) Applications to take
				depositions shall be in writing, and shall set forth the reasons why such
				depositions should be taken, the name of the witness, the matters about which
				the witness is expected to testify, and the time and place proposed for the
				taking of the deposition. Such application shall be served on the opposing
				party not less than 10 days prior to the time when it is desired that the
				deposition be taken.
(b) If the
				parties so stipulate in writing, depositions may be taken before any person, at
				any time or place, upon any notice, and in any manner. Depositions so taken may
				be used to the same extent as depositions taken pursuant to the requirements of
				this section.
(c) The application
				shall be made to the executive secretary and served on all other
				parties.
(d) The executive
				secretary may order the deposition taken in the exercise of the executive
				secretary's discretion.
(e) The
				deposition shall be taken at a time and place and before a person designated by
				the executive secretary.
(f) The
				rules governing the manner of taking of depositions shall be the same as those
				set forth in the Code of Civil Procedure sections
				2016
				and following. Where these regulations conflict with the Code of Civil
				Procedure, these regulations shall govern.
(g) The administrative law judge assigned to
				preside at the hearing on the complaint shall rule upon the admissibility of
				the deposition or any part of it. All rulings on objections to the taking of
				the deposition or any part of it shall be reserved to the administrative law
				judge at the hearing on the complaint.
1. Editorial
				  correction adding NOTE filed 2-16-83 (Register 83, No. 8).
2. Change
				  without regulatory effect amending subsection (c) filed 11-4-91 pursuant to
				  section 100, title 1, California Code of
				  Regulations (Register 92, No. 12).
3. Amendment of subsection (g)
				  and NOTE filed 7-8-99; operative 8-7-99 (Register 99, No. 28).
4.
				  Amendment filed 8-29-2023; operative 10/1/2023 (Register 2023, No.
				  35).
Note: Authority cited: Section
					 1144, Labor
					 Code. Reference: Section
					 1160.2, Labor
					 Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 2 - Unfair Labor Practice Regulations › Section 20247 - Witness Fees. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
				  filed 12-31-82; effective thirtieth day thereafter (Register 83, No.
				  1).
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 2 - Unfair Labor Practice Regulations › Section 20247.1 - Case Management Conference

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within 20
				days after the respondent files an answer to the complaint or timely could have
				filed an answer to the complaint, a mandatory telephonic case management
				conference shall be scheduled by the chief administrative law judge or
				executive secretary. The assigned administrative law judge may continue the
				date of the case management conference. At this case management conference,
				parties shall be expected to address the following issues:
(1) Whether the parties intend to conduct
				discovery, and, if so, when discovery will be completed and any anticipated
				discovery issues or disputes.
(2)
				Any facts or issues that are undisputed and may be subject to
				stipulation.
(3) Whether the case
				is expected to present any novel or complex legal issues.
(4) Any anticipated motions before hearing
				that may narrow the issues in the case or that may eliminate any claims or
				defenses.
(5) The appropriate
				timing for assignment of a settlement judge to the matter.
(6) The parties' availability for
				hearing.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 2 - Unfair Labor Practice Regulations › Section 20248 - Settlement Conference

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Within 30 days after issuance of the administrative law judge's case management
				conference order, the chief administrative law judge shall schedule a
				settlement conference to be held before an administrative law judge other than
				the one assigned to hear the matter and shall notify the parties, including the
				charging party, of its time and place. Each party attending the settlement
				conference shall be represented by a person fully authorized to engage in
				negotiations for settlement. Clients or principals shall either attend or be
				available by telephone.
(b) At any
				stage of a proceeding prior to hearing, if time, the nature of the proceeding,
				and the public interest permit, all interested parties shall have the
				opportunity to submit for consideration by the regional director with whom the
				charge was filed, facts, arguments, offers of settlement, or proposals of
				adjustment.
1. Amendment
				  filed 12-31-82; effective thirtieth day thereafter (Register 83, No.
				  1).
2. Editorial correction of NOTE filed 2-16-83 (Register 83, No.
				  8).
3. Amendment of subsection (a) filed 9-20-91; operative 10-21-91
				  (Register 92, No. 4).
4. Amendment 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.