California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 2 - California Apprenticeship Council › Subchapter 1 - Apprenticeship › Article 1 - Procedures for Investigating, Holding Hearings and Determining Disputes › Section 203 - Appeals to the California Apprenticeship Council

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The following procedures shall be
					 followed when an appeal is filed with the Council within ten (10) days from the
					 date the parties are given notification of the determination. The parties shall
					 be deemed to have been given notification five (5) days after notice has been
					 sent to their address of record.
(1) The Chair
					 of the Council shall appoint three (3) members of the Council to act as an
					 appeal board and decide the appeal. This appeal board shall consist of one
					 member of the Council representing an employee organization and one member
					 representing an employer organization; the third member will be a member who
					 does not represent either of the aforementioned groups and shall act as chair
					 of the appeal board.
(2) The appeal
					 board shall review the entire record and may hold an appeal hearing thereon to
					 hear argument from the parties.
(3)
					 In the event of a hearing, the designated chair of the appeal board shall fix
					 the time and place of the hearing on the appeal and notify all interested
					 parties to the appeal not less than two weeks in advance in writing in
					 accordance with the Code of Civil Procedure Sections
					 1013a
					 and
					 2015.5
					 specifying the time and place of the hearing.
(4) The hearing on the appeal shall be
					 limited to a review of the record before the Administrator of Apprenticeship to
					 determine whether there is substantial evidence in the record to support the
					 decision, and to oral or written arguments by interested parties to the appeal;
					 where the appeal board finds that there is relevant evidence which, in the
					 exercise of reasonable diligence, could not have been produced or which was
					 improperly excluded at the hearing before the Administrator of Apprenticeship,
					 and such evidence might require a different decision, the appeal board may
					 return the matter to the Administrator to admit such evidence to supplement the
					 record and exercise his/her independent judgment upon all of the evidence in
					 the record. The appeal board may, in its independent judgment, refer the matter
					 to the program sponsor for reconsideration of its prior action, in an attempt
					 to resolve the matter amicably. In the event the program changes its decision,
					 an appellant apprentice, however, shall be entitled to file a new complaint in
					 accordance with Title 8, Chapter 2, Section
					 201 or
					 207.1 of the California Code of
					 Regulations.
(5) The appeal board
					 shall submit a written report to the Council summarizing the evidence, findings
					 of fact, and recommended decision. The Council shall take appropriate action on
					 the recommended decision. If for any reason the Council rejects the appeal
					 board's recommended decision, a complete copy of the record shall have been
					 made available to the Council for independent review and consideration before
					 any action is taken by the Council in rendering a decision.
(6) The Council will timely notify all
					 parties to the appeal of its decision in writing in accordance with the Code of
					 Civil Procedure Sections
					 1013a
					 and
					 2015.5.