California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 2 - Unfair Labor Practice Regulations › Section 20236 - Matters Discoverable

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Upon written request, a party to a hearing is entitled to obtain from any other
				party to the hearing the names, addresses and any statements (as defined in
				section 20274(b)) of all
				witnesses, other than those whose primary source of income is non-supervisory
				employment in agriculture; provided, however, that any portion of a statement
				likely to identify a potential witness whose primary source of income is
				non-supervisory employment in agriculture shall be excised.
(b) Upon written request, a party to a
				hearing is entitled to obtain from any other party to the hearing the name,
				address, field of expertise, qualifications, and a brief description of
				expected testimony of any expert whom it intends to call as a witness. The
				responding party shall also make available any report prepared for it by such
				expert concerning the subject matter of the testimony to be given. The failure,
				without good cause, to comply with the requirements of this subdivision shall
				be grounds for excluding such expert testimony.
(c) Upon written request, a party to a
				hearing shall be afforded a reasonable opportunity to examine, inspect and
				copy, and, where appropriate, to photograph and/or test, any writing or
				physical evidence in the possession or control of the party to the hearing to
				whom the request is directed which that party intends to introduce into
				evidence at hearing; provided, however, that any portion of a writing which
				identifies a potential witness whose primary source of income is
				non-supervisory employment in agriculture shall be excised, except that this
				proviso shall not apply to otherwise unprotected or unprivileged business
				records. Where the writing or physical evidence to be introduced is not yet in
				the possession or control of the responding party, it shall be identified with
				reasonable specificity. A party that objects to a request under this
				subdivision on the basis of a claim of privilege or that the information sought
				is protected work product shall state specifically the privilege asserted and
				shall include a privilege log providing sufficient information for other
				parties to evaluate the merits of such claims.
(d) Upon written request, general counsel
				shall disclose to respondent any evidence which is purely and clearly
				exculpatory.
(e) In compliance
				proceedings, the general counsel shall, upon written request, make available to
				the requesting party to the hearing all information in its files, which tends
				to verify, clarify or contradict the items and amounts alleged in the backpay
				or bargaining makewhole specification unless the information is absolutely
				privileged, e.g., income tax returns, form W-2 (wage and tax statement), ...
				etc.
1. New section
				  filed 9-20-91; operative 10-21-91 (Register 92, No. 4).
2. Amendment
				  of subsections (b) and (c) 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.