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 202 - Investigations, Holding of Hearings and Determinations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Administrator of Apprenticeship, or
					 his or her designated representative may take such steps as he or she deems
					 necessary under the circumstances to investigate the complaint and to bring
					 about an amicable adjustment of the controversy. In the event that there are
					 local adjustment procedures which have been approved by the Chief DAS, the
					 charging party(s) shall be referred to that procedure for a period not to
					 exceed 60 calendar days prior to the filing and/or processing of a complaint
					 under this section or Labor Code Section
					 3081. The
					 referral for local adjustment shall in no way be construed so as to abrogate
					 the statutory right to file a complaint under Section
					 3081 of the
					 Labor Code.
(b) The Administrator
					 of Apprenticeship may designate his/her duly authorized representative to
					 conduct an investigation, to hold a hearing in connection with a complaint, and
					 may designate his/her duly authorized representative to decide on the
					 complaint. The Administrator of Apprenticeship may, in the alternative,
					 delegate a representative only to investigate, or only to hold a hearing, and
					 to report to the Administrator of Apprenticeship. The Administrator of
					 Apprenticeship reserves the authority to decide on the complaint. In that case,
					 the duly authorized representative shall submit to the Administrator of
					 Apprenticeship the entire record together with his/her written recommendations.
					 The Administrator of Apprenticeship shall review the record and the written
					 recommendations before deciding on the complaint.
The Administrator of Apprenticeship may dismiss any
						complaint that is not timely filed or that is without merit. In such cases the
						Administrator of Apprenticeship shall prepare a determination of dismissal and
						file it with the California Apprenticeship Council, and notify all parties to
						the complaint in writing in accordance with the Code of Civil Procedure
						Sections
						1013a
						and
						2015.5
						of his/her determination to dismiss the complaint and the basis for the
						determination. The determination of dismissal by the Administrator shall be
						within sixty (60) calendar days of receipt or issuance of the complaint,
						provided that the sixty (60) days allowed for a local adjustment procedure
						shall not affect the time provided for the determination of the Administrator.
						Any continuance caused by the parties shall toll the running of the sixty (60)
						day period provided for the determination of the Administrator. If any party to
						the complaint requests a hearing within 10 days of receipt of the notice of
						determination of dismissal of the complaint and shows good cause why a hearing
						is necessary, the Administrator or his/her duly authorized representative may
						conduct a hearing in the same manner as set forth in subdivision
						(c).
(c) If the
					 Administrator of Apprenticeship holds a hearing, it shall be in accordance with
					 the following procedure:
(1) He/she shall fix
					 the time and place of the hearing which shall take place no more than 90 days
					 after the decision to hold a hearing and notify all interested parties to the
					 complaint not less than 30 days 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 and specifying whether the hearing
					 will be for the purpose of hearing argument or taking evidence or
					 both.
(2) At the hearing, the
					 parties to the complaint shall be given an opportunity to present evidence
					 and/or oral or written arguments in support of their positions as set forth in
					 the notice of hearing.
(3) The
					 hearing need not be conducted according to technical rules relating to evidence
					 and witnesses. The hearing officer may require the parties to follow any of the
					 rules of procedure set forth in 8 C.C.R. §
												17201 et. seq. for hearings on
					 public works complaints and shall notify the parties of any such rules that
					 will be followed at the time the parties are advised of the time and place of
					 the hearing.
(4) All witnesses
					 testifying before the hearing officer shall testify under oath.
(5) A recording shall be made of the
					 hearing.