California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 2 - Unfair Labor Practice Regulations › Section 20217 - Investigative Subpoenas

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For
				purposes of investigation, the general counsel or the general counsel's agents
				may issue and serve subpoenas requiring the attendance and testimony of
				witnesses or the production by persons at the respondent's place of business,
				or such other location as mutually agreed to by the respondent and the regional
				director, of any materials, including but not limited to books, records,
				correspondence or documents in their possession or under their
				control.
(b) The subpoena shall
				show on its face the name, address, and telephone number of the general counsel
				or the general counsel's agent who has issued the subpoena. A copy of a
				declaration under penalty of perjury shall be served with a subpoena duces
				tecum, showing good cause for the production of the matters and things
				described in such subpoena. The declaration shall show specific facts
				justifying discovery and that the materials are relevant to the subject matter
				of the investigation or reasonably calculated to lead to the discovery of
				admissible evidence.
(c) Service of
				subpoenas shall be made pursuant to Labor Code section
				1151.4(a)
				or by certified mail. The service must be made so as to allow the witness a
				reasonable time for preparation and travel to the place of attendance.
				Witnesses shall be entitled to fees in accordance with Labor Code section
				1151.4(a).
(d) Any person on whom an investigative
				subpoena is served who does not intend to comply shall, within five days after
				the date of service, petition in writing to revoke the subpoena. Such petition
				shall explain with particularity the grounds for objecting to each item covered
				by the petition. The petition to revoke shall be served upon the general
				counsel or the general counsel's agent who issued the subpoena. The petition to
				revoke shall be filed with the executive secretary. When a person under
				subpoena objects to any request for production of materials on the basis of a
				claim of privilege or that the information sought is protected work product,
				the petition shall state specifically the privilege asserted and shall include
				a privilege log providing sufficient information for the general counsel to
				evaluate the merits of such claims.
(e) The executive secretary shall revoke the
				subpoena if the materials required to be produced do not relate to any matter
				under investigation, or the subpoena does not describe with sufficient
				particularity the materials whose production is required, or the testimony or
				records sought are privileged or confidential or deal with a matter not subject
				to review, or the subpoena is otherwise invalid. A simple statement of the
				grounds for the ruling on the petition shall accompany the ruling. Adverse
				rulings may be appealed to the Board through the procedures outlined in section
				20242.
(f) When a person under subpoena refuses to
				testify or produce the requested information on the basis of the person's
				privilege against self-incrimination, the general counsel or the general
				counsel's agents may file a written request that the Board grant immunity and
				compel that person to testify or produce the requested materials. Said request
				shall otherwise conform and be processed according to section
				20251; however, the Board shall
				rule directly on said request.
(g)
				Upon any other failure of any person to comply with an investigative subpoena,
				the general counsel may request that the Board apply to an appropriate superior
				court for an order requiring compliance in accordance with section
				20250(k) or
				authorize the general counsel to make such application. The subpoenaed party
				shall have five days after an application pursuant to this subdivision is filed
				with the Board to file a response to the application.
(h) In addition to, or in lieu of, seeking
				enforcement pursuant to section
				20250(k), the
				general counsel may apply to the chief administrative law judge, or the
				assigned administrative law judge, for appropriate sanctions to be imposed
				against a charged party based on the charged party's failure to comply with an
				investigative subpoena in the event the general counsel subsequently issues a
				complaint pursuant to section
				20220, or at any time following
				issuance of a complaint and before the hearing, including any evidentiary
				sanctions specified in section
				20238(b).
1. New section
				  filed 12-31-82; effective thirtieth day thereafter (Register 83, No.
				  1).
2. Amendment of subsection (d) 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
					 1151 and
					 1160.2, Labor
					 Code.