California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 2 - Unfair Labor Practice Regulations › Section 20262 - Administrative Law Judges; Powers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The hearing shall be conducted by an administrative law judge
				  designated by the Board, unless the Board or any member of the Board presides.
				  The duty of the administrative law judge is to inquire fully into the facts as
				  to whether the respondent has engaged in or is engaging in an unfair labor
				  practice as set forth in the complaint or amended complaint. Between the time
				  the administrative law judge is designated and the time the case is transferred
				  to the Board the administrative law judge shall, subject to the limitations
				  specified elsewhere in these regulations, have authority, with respect to
				  assigned cases:
(a) To administer
				oaths and affirmations;
(b) To
				grant applications for subpoenas;
(c) To rule upon petitions to revoke
				subpoenas or notices to appear or produce, and to impose sanctions for failure
				to comply with appropriate subpoenas or notices to appear or produce;
(d) To require and/or rule upon offers of
				proof;
(e) To regulate the course
				of the hearing, including the power, consistent with section
				20800, to exclude from the hearing
				any person who engages in disruptive or abusive conduct. In excluding any
				person from a hearing, the administrative law judge shall state on the record
				the specific facts upon which the order of exclusion is based and submit to the
				Board a written statement of the specific facts which constitute the
				misconduct. The statement of facts shall be filed with the executive secretary
				and served on all parties to the hearing. The person excluded from a hearing
				may file a written response to the administrative law judge's written statement
				submitted to the Board. A ruling whereby any person is ejected from a hearing
				may be immediately appealed to the Board pursuant to section
				20242;
(f) To conduct and regulate the course of
				pre-hearing conferences, settlement conferences, and hearings, to inquire fully
				into the basis for settlement submitted to them for recommendation, and to
				approve settlements as provided in section
				20298;
(g) To dispose of procedural requests,
				motions, or similar matters; to dismiss complaints or portions
				thereof;
(h) To approve a
				stipulation voluntarily entered into by the parties;
(i) To make and file decisions in conformity
				with the Act and these regulations;
(j) To call, examine, and cross-examine
				witnesses and to require the production of and introduce into the record
				documentary or other evidence;
(k)
				To request the parties at any time during the hearing or pre-hearing conference
				to state their respective positions concerning any issue in the case or theory
				in support thereof either orally or in writing;
(l) To request that the Board seek a court
				order to compel compliance with a subpoena;
(m) To issue protective orders as may be
				appropriate and necessary; and
(n)
				To carry out the duties of administrative law judge as provided or otherwise
				authorized by these regulations or by the Act.
1. Amendment
				  of subsections (d) and (k) 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
				  subsections (d), (e)(2) and (f) filed 9-20-91; operative 10-21-91 (Register 92,
				  No. 4).
4. Amendment of subsections (c) and (e)(1) filed 7-8-99;
				  operative 8-7-99 (Register 99, No. 28).
5. Amendment of introductory
				  paragraph and subsection (e), repealer of subsections (e)(1)-(2) and amendment
				  of subsection (f) filed 8-29-2023; operative 10/1/2023 (Register 2023, No.
				  35).
Note: Authority cited: Section
					 1144, Labor
					 Code. Reference: Sections
					 1145,
					 1160.2 and
					 1160.3, Labor
					 Code.