reglab/statecodes huggingface dataset:
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 6 - Prevailing Wage Hearings › Article 6 - Decision of the Director › Section 17262 - Final Decision; Time for Seeking Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The decision of the Director issued
					 pursuant to Section Rule 60 [Section
					 17260] above shall be the final
					 decision of the Director from which any Party may seek judicial review pursuant
					 to the provisions of Labor Code section
					 1742(c)
					 and Code of Civil Procedure section
					 1094.5;
provided however,
that if the Director has issued a modified
					 decision pursuant to and within the 15-day limit of the Director's
					 reconsideration authority under Section Rule 61 [Section
					 17261] above and Labor Code section
					 1742(b),
					 the right of review and time for seeking such review shall extend from the date
					 of service of the modified decision rather than from the original
					 decision.
(b) The modification of a
					 decision to correct a clerical error after expiration of the 15-day time limit
					 on the Director's reconsideration authority shall
not
extend
					 the time for seeking judicial review.
(c) The time for seeking judicial review
					 shall be determined from the date of service of the decision of the Director
					 under Code of Civil Procedure section
					 1013,
					 including any applicable extension of time provided in that statute.
(d) Any petition seeking judicial review of a
					 decision under these Rules may be served (1) upon the Director by serving the
					 Office of the Director -- Legal Unit where the appointed Hearing Officer who
					 conducted the hearing on the merits regularly maintains his or her office; and
					 (2) upon the Labor Commissioner (in cases in which the Labor Commissioner was
					 the Enforcing Agency) by the serving the regular office of the attorney who
					 represented the Labor Commission at the hearing on the merits. The intent of
					 this subpart is to authorize and designate a preferred method for giving the
					 Director and the Labor Commissioner formal notice of a court action seeking
					 review of a decision of the Director under these Rules; it does not preclude
					 the use any other service method authorized by law.
1. New
						section filed 1-15-2002; operative 1-15-2002 pursuant to Government Code
						section
						11343.4
						(Register 2002, No. 3).
Note: Authority cited: Sections
						  55,
						  59,
						  1742(b) and
						  1773.5. Reference: Sections
						  1013
						  and
						  1094.5,
						  Code of Civil Procedure; and Section
						  1742, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 6 - Prevailing Wage Hearings › Article 6 - Decision of the Director › Section 17263 - Preparation of Record for Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon notice that a Party intends to seek
					 judicial review of a decision of the Director and the payment of any required
					 deposit, the Department, under the direction of the appointed Hearing Officer,
					 shall immediately prepare a hearing record consisting of all exhibits and other
					 papers and a transcript of all testimony which the Party has designated for the
					 inclusion in the record on review.
(b) The Party who has requested the record or
					 any part thereof shall bear the cost of its preparation, including but not
					 necessarily limited to any court reporter transcription fees and reasonable
					 charges for the copying, binding, certification, and mailing of documents.
					 Absent good cause, no record will be released to a Party or filed with a court
					 until adequate funds to cover the cost of preparing the record have been paid
					 by the requesting Party to the Department or to any third party designated to
					 prepare the record. However, upon notice that a Party seeking judicial review
					 has been granted
in forma pauperis
status under California
					 Rule of Court 985, the Department shall bear the cost of preparing and filing
					 the record where necessary for a proper review of the proceedings.
(c) The pendency of any request for the
					 Department to prepare a hearing record shall
not
extend the
					 time limits for filing a petition for review under Labor Code section
					 1742(c)
					 and Code of Civil Procedure section
					 1094.5.
1. New
						section filed 1-15-2002; operative 1-15-2002 pursuant to Government Code
						section
						11343.4
						(Register 2002, No. 3).
Note: Authority cited: Sections
						  55,
						  59,
						  1742(b)
						  and
						  1773.5, Labor
						  Code. Reference: Section
						  1094.5,
						  Code of Civil Procedure; California Rule of Court 985; Section
						  68511.3,
						  Government Code; and Section
						  1742(c),
						  Labor Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 6 - Prevailing Wage Hearings › Article 6 - Decision of the Director › Section 17264 - Request for Participation by Director in Judicial Review Proceeding

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Although the Director should be named as the Respondent
						in any action seeking judicial review of a final decision, the Director
						ordinarily will rely upon the Parties to the hearing (as Petitioner and Real
						Party in Interest) to litigate the correctness of the final decision in the
						writ proceeding and on any appeal. The Director may participate actively in
						proceedings raising issues that specifically concern the Director's authority
						under the statutes and regulations governing the payment of prevailing wages on
						public work contracts, or the validity of related laws, regulations, or the
						Director's decisions as to public works coverage or generally applicable
						prevailing wage rates. Any Party may request the Director to file a response in
						the action by including a separate written request with any court pleading
						being served on the Director in accordance with Rule 62(d) [Section
						17262(d)]. Any
						such separate written request should specify briefly what issues are raised by
						the petition that extend beyond the facts of the case and warrant the
						Director's participation.
1. New
						section filed 1-15-2002; operative 1-15-2002 pursuant to Government Code
						section
						11343.4
						(Register 2002, No. 3).
Note: Authority cited: Sections
						  55,
						  59,
						  1742(b)
						  and
						  1773.5, Labor
						  Code. Reference: Section
						  1094.5,
						  Code of Civil Procedure; and Section
						  1742(c),
						  Labor Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 6 - Prevailing Wage Hearings › Article 7 - Transitional Rule › Section 17270 - Applicability of these Rules to Notices Issued Between April 1, 2001 and June 30, 2001

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) These
					 Rules shall apply to any notice issued by the Labor Commissioner or an Awarding
					 Body with respect to the withholding or forfeiture of contract payments for
					 unpaid wages or penalties under the prevailing wage laws in effect prior to
					 July 1, 2001;
provided that,
the party seeking review has not
					 commenced a civil action with respect to such notice under the provisions of
					 Labor Code sections
					 1731-
					 1733 [repealed
					 effective July 1, 2001].
(b) An
					 Affected Contractor or Subcontractor may appeal any such notice served between
					 April 1, 2001 and June 30, 2001 by filing a Request for Review with the
					 Enforcing Agency that issued the notice, in the manner and form specified in
					 Rule 22 [Section
					 17222] above. Any such Request for
					 Review shall be in writing and shall include a statement indicating the date
					 upon which the contractor or subcontractor was served with the notice of
					 withholding or forfeiture.
(c) This
					 Rule shall
not
extend the time available to appeal the notice
					 under the former law. A Request for Review of a notice issued prior to July 1,
					 2001 must be filed with the Enforcing Agency within ninety (90) days after
					 service of the notice.
(d) A
					 contractor or subcontractor who has sought review of a notice issued prior to
					 July 1, 2001 by filing a court action under the repealed provisions of Labor
					 Code sections
					 1731-
					 1733 on or
					 after July 1, 2001, shall, if said action would have been timely under those
					 sections, be afforded the opportunity to dismiss the action without prejudice,
					 after entering into a stipulation that the proceeding be transferred to the
					 Director for hearing in accordance with these Rules. The stipulation shall also
					 provide that the time for commencing a hearing under Rule 41 [Section
					 17241] shall not begin to run until
					 the case has been formally transferred to and received by the Office of the
					 Director.
(e) Any hearing request
					 made pursuant to Labor Code section
					 1771.7
					 [repealed effective July 1, 2001] that has not been heard and decided by a
					 Hearing Officer prior to July 1, 2001 shall be handled in accordance with these
					 Rules.
1. New
						article 7 (section
						17270) and section filed 1-15-2002;
						operative 1-15-2002 pursuant to Government Code section
						11343.4
						(Register 2002, No. 3).
Note: Authority cited: Sections
						  55,
						  59,
						  1742(b)
						  and
						  1773.5, Labor
						  Code. Reference: Section
						  1742(b),
						  Labor Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 7 - Return-to-Work Supplement › Article 1 › Section 17300 - General, Scope and Application of Article

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) This article governs the return-to-work
					 program established by Labor Code section
					 139.48. This
					 program shall be called the Return-to-Work Supplement Program. The
					 Return-to-Work Supplement Program is located at 1515 Clay Street, 17th Floor,
					 Oakland, California, 94612.
(b)
					 This program is intended to provide supplemental payments to workers whose
					 permanent disability benefits are disproportionately low in comparison to their
					 earnings loss. This program is based on findings of studies done by RAND
					 concerning permanent disability and in particular the study entitled
					 Identifying Permanently Disabled Workers with Disproportionate Earnings Losses
					 for Supplemental Payments, RAND, February 2014.
http://www.dir.ca.gov/chswc/Reports/2014/Earnings_Losses_2014.pdf
1.
						Amendment of subchapter heading and new subchapter 7, article 1 (sections
						17300-17310) and section filed
						4-6-2015; operative 4-6-2015 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2015, No. 15). For prior history of subchapter 7, see Register 2013,
						No. 12.
Note: Authority cited: Sections
						  54,
						  55 and
						  139.48, Labor
						  Code. Reference: Section
						  139.48, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 7 - Return-to-Work Supplement › Article 1 › Section 17301 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For the purpose of these rules:
(a) "Supplemental Job Displacement Benefit"
					 means the benefit provided under Labor Code 4658.7.
(b) "Voucher" means a "Supplemental Job
					 Displacement Nontransferable Voucher For Injuries Occurring on or After 1/1/13"
					 (Form DWC-AD 10133.32) furnished by a claims administrator to an injured worker
					 pursuant to section
					 10133.31.
1. New
						section filed 4-6-2015; operative 4-6-2015 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2015, No. 15).
Note: Authority cited: Sections
						  54,
						  55 and
						  139.48, Labor
						  Code. Reference: Section
						  139.48 and
						  4658.7, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 7 - Return-to-Work Supplement › Article 1 › Section 17302 - Eligibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To be eligible
					 for the Return-to-Work Supplement, the individual must have received the
					 Supplemental Job Displacement Benefit (SJDB) Voucher for an injury occurring on
					 or after January 1, 2013.
(b) An
					 individual who has received a Return-to-Work Supplement may not receive a
					 second or subsequent Return-to Work-Supplement, except where the individual
					 receives a Voucher for an injury which occurs subsequent to receipt of every
					 previous Return to Work Supplement.
1. New
						section filed 4-6-2015; operative 4-6-2015 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2015, No. 15).
Note: Authority cited: Sections
						  54,
						  55 and
						  139.48, Labor
						  Code. Reference: Section
						  139.48 and
						  4658.7, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 7 - Return-to-Work Supplement › Article 1 › Section 17303 - Notice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Commencing 30 days after the effective date of these
						regulations, and continuing until the Administrative Director of the Division
						of Workers' Compensation amends Form DWC-AD 10133.32 to include notice of the
						Return-to-Work Supplement application process, all Vouchers issued shall be
						accompanied by a cover sheet, prepared by the claims administrator, containing
						the following notice: "Because you have received this Voucher and are unable to
						return to your usual employment you may be eligible for a Return-to-Work
						Supplement. You must apply within one year from the date this Voucher was
						served on you. You should make a copy of the Voucher which you will need to
						apply for the Return-to-Work Supplement. Details about the Return-to-Work
						supplement program are available from the Department of Industrial Relations on
						its web site,
www.dir.ca.gov
, or by calling
						510-286-0787." The Director will arrange for publication on the Department web
						site of a notice targeted at eligible persons who received vouchers before the
						notice was included with the voucher.
1. New
						section filed 4-6-2015; operative 4-6-2015 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2015, No. 15).
Note: Authority cited: Sections
						  54,
						  55 and
						  139.48, Labor
						  Code. Reference: Section
						  139.48 and
						  4658.7, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 7 - Return-to-Work Supplement › Article 1 › Section 17304 - Deadline for Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An application for the Return-to-Work
					 Supplement must be received by the Return-to-Work Supplement Program within one
					 year from the date the Voucher (DWC-AD Form 10133.32 (SJDB) Rev: 10/1/15, or
					 later version) was served on the individual.
(b) Notwithstanding subdivision (a) of this
					 section, an application for the Return-to-Work Supplement from any individual
					 who was issued a Voucher prior to December 1, 2015, for an injury occurring on
					 or after January 1, 2013, must be received by the Return-to-Work Supplement
					 Program no later than one year from the effective date of this
					 subdivision.
1. New
						section filed 4-6-2015; operative 4-6-2015 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2015, No. 15).
2. Amendment filed 3-14-2017; operative
						3-20-2017 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2017, No. 11).
3. Governor Newsom issued Executive Order
						N-63-20 (2019 CA EO 63-20), dated May 7, 2020, which extended certain deadlines
						related to applications for Return-to-Work Supplements, due to the COVID-19
						pandemic.
Note: Authority cited: Sections
						  54,
						  55 and
						  139.48, Labor
						  Code. Reference: Section
						  139.48, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 7 - Return-to-Work Supplement › Article 1 › Section 17305 - Method of Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An application must be submitted by electronic means
						through the Department of Industrial Relations web site. The Department will
						make access to this web site available at each Division of Workers'
						Compensation Information and Assistance Office location in the
						state.
1. New
						section filed 4-6-2015; operative 4-6-2015 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2015, No. 15).
Note: Authority cited: Sections
						  54,
						  55 and
						  139.48, Labor
						  Code. Reference: Section
						  139.48, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 7 - Return-to-Work Supplement › Article 1 › Section 17306 - Application Contents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The application shall be made on the electronic form on
						the Department of Industrial Relations web site and shall include a declaration
						under penalty of perjury that the information provided is true and correct. The
						application shall contain the individual's first name, last name and middle
						name, social security number or tax ID number, address, telephone number and
						email address, if available, and the ADJ number of any workers' compensation
						cases filed by the individual, and the individual shall submit a .pdf or .tiff
						of the Voucher as an attachment to the application. The individual shall
						indicate whether the individual is a California resident or a
						non-resident.
1. New
						section filed 4-6-2015; operative 4-6-2015 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2015, No. 15).
Note: Authority cited: Sections
						  54,
						  55 and
						  139.48, Labor
						  Code. Reference: Section
						  139.48, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 7 - Return-to-Work Supplement › Article 1 › Section 17307 - Processing of Applications and Decision on Applications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All completed and timely filed applications will be
						reviewed and a decision will be made on whether the individual is entitled to
						the supplement within 60 days of the receipt of the completed application.
						Applications satisfying the requirements of sections
						17302,
						17304,
						17305 and
						17306 will be approved. The
						individual will be notified by mail or, where available, email, of the
						decision. The decision is a final decision of the Director.
1. New
						section filed 4-6-2015; operative 4-6-2015 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2015, No. 15).
Note: Authority cited: Sections
						  54,
						  55 and
						  139.48, Labor
						  Code. Reference: Section
						  139.48, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 7 - Return-to-Work Supplement › Article 1 › Section 17308 - Supplement Payment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Return-to-Work Supplement Program will provide a
						supplement of $5,000.00 to each eligible individual who submits a complete
						application by the deadline. The payment will be made within 25 days of the
						date the decision of the Director on the application and will be paid in one
						lump sum. Payment shall be made directly to the individual and is not
						assignable before payment. The amount of this supplement may be adjusted by the
						Director based on further studies conducted by the Director in accordance with
						Labor Code section
						139.48.
1. New
						section filed 4-6-2015; operative 4-6-2015 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2015, No. 15).
Note: Authority cited: Sections
						  54,
						  55 and
						  139.48, Labor
						  Code. Reference: Section
						  139.48, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 7 - Return-to-Work Supplement › Article 1 › Section 17309 - Appeal to the WCAB

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An individual dissatisfied with any final decision of the
						Director on his or her application for the Return-to-Work Supplement may, file
						an appeal at the Workers' Compensation Appeals Board (WCAB) District Office.
						The appeal must contain the name of the individual, the ADJ number of the case
						in which a voucher was provided, and a clear and concise statement of the facts
						constituting the basis for the appeal. A copy of the appeal shall be served on
						the Return-to-Work Program located at 1515 Clay Street, 17th Floor, Oakland,
						California, 94612. Any appeal must be filed with the WCAB within 20 days of the
						service of the decision. After an appeal has been timely filed, the
						Return-to-Work Program may, within the period of fifteen (15) days following
						the date of filing of that appeal, amend or modify the decision or rescind the
						decision and take further action. Further action shall be initiated within 30
						days from the order of rescission. The time for filing an appeal will run from
						the filing date of the new, amended or modified decision. Any such appeal will
						be subject to review at the trial level of the WCAB upon the same grounds as
						prescribed for petitions for reconsideration.
1. New
						section filed 4-6-2015; operative 4-6-2015 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2015, No. 15).
2. Governor Newsom issued Executive Order
						N-63-20 (2019 CA EO 63-20), dated May 7, 2020, which extended certain deadlines
						related to Return-to-Work Supplement appeals, due to the COVID-19
						pandemic.
Note: Authority cited: Sections
						  54,
						  55 and
						  139.48, Labor
						  Code. Reference: Section
						  139.48, Labor
						  Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 7 - Return-to-Work Supplement › Article 1 › Section 17310 - False Claims

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An application for benefits from the Return-to-Work
						Supplement Program is a claim for benefits from the state.
The application shall contain the following
						notice:
"WARNING: any person who knowingly makes or uses a false
						record or statement material to the claim is liable for treble damages plus a
						civil penalty of not less than $5,500 and not more than $11,000 plus the cost
						of the action pursuant to the False Claims Act, Government Code sections
						12650-12656."
This warning does not constitute a limitation on any
						penalties that may attach to any action in violation of the
						law.
1. New
						section filed 4-6-2015; operative 4-6-2015 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2015, No. 15).
Note: Authority cited: Sections
						  54,
						  55 and
						  139.48, Labor
						  Code. Reference: Section
						  139.48, Labor
						  Code; and Sections
						  12650,
						  12651,
						  12652,
						  12653,
						  12654,
						  12655 and
						  12656,
						  Government Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 1 - Definitions › Section 20100 - Terms Defined in Labor Code Section 1140.4

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The terms "agriculture," "agricultural employee," or
				  "employee," "agricultural employer," "person," "representative," "labor
				  organization," "unfair labor practice," "labor dispute," and "supervisor" as
				  used herein shall have the meanings set forth in Labor Code Section
				  1140.4.
1. New Part II
				  (Chapters 1-8, Sections
				  20100-20800, not consecutive) filed
				  8-28-75 as an emergency; effective upon filing (Register 75, No.
				  35).
2. Certificate of Compliance filed 12-10-75 (Register 75, No.
				  50).
3. Repealer of Chapter 1 (Sections
				  20100-20130, not consecutive) and
				  new Chapter 1 (Sections
				  20100-20130, not consecutive) filed
				  10-19-76 as an emergency; effective upon filing (Register 76, No.
				  43).
4. Certificate of Compliance filed 1-12-77 (Register 77, No.
				  3).
5. Editorial correction of NOTE filed 2-16-83 (Register 83, No.
				  8).
* Labor Code Sec.
				  1140.4 is contained in Part 3.5
				  (commencing with Sec.
				  1140) of Division 2 of the Labor
				  Code, also known as the Agricultural Labor Relations Act, or the
				  Act.
Note: Authority cited: Section
					 1144, Labor
					 Code. Reference: Sections
					 1140-
					 1166.3, Labor
					 Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 1 - Definitions › Section 20105 - Act; Board; Board Agent

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The term "Act" as used herein shall mean the Agricultural
				  Labor Relations Act. The term "Board" shall mean the Agricultural Labor
				  Relations Board and shall include any group of three or more members designated
				  pursuant to Labor Code Sec.
				  1146. The term "Board agent" shall
				  mean any member, agent, or agency of the Board, including its general
				  counsel.
1. Editorial
				  correction adding NOTE filed 2-16-83 (Register 83, No.
				  8).
Note: Authority cited: Section
					 1144, Labor
					 Code. Reference: Sections
					 1140-
					 1166.3, Labor
					 Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 1 - Definitions › Section 20106 - Contents of Authorization Cards. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 7-8-99; operative 8-7-99 (Register 99, No. 28).
2. Repealer
				  filed 5-9-2002; operative 6-8-2002 (Register 2002, No.
				  19).
Note: Authority cited: Section
					 1144, Labor
					 Code. Reference: Sections
					 1156.3(a)
					 and
					 1156.7(d),
					 Labor Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 1 - Definitions › Section 20107 - Executive Secretary

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The term "executive secretary" shall mean the executive
				  secretary appointed pursuant to Labor Code Section
				  1145.
1. Editorial
				  correction adding NOTE filed 2-16-83 (Register 83, No.
				  8).
Note: Authority cited: Section
					 1144, Labor
					 Code. Reference: Sections
					 1140-
					 1166.3, Labor
					 Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 1 - Definitions › Section 20110 - General Counsel

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The term "general counsel" as used herein shall mean the
				  general counsel under Labor Code Section
				  1149.
1. Editorial
				  correction adding NOTE filed 2-16-83 (Register 83, No.
				  8).
Note: Authority cited: Section
					 1144, Labor
					 Code. Reference: Sections
					 1140-
					 1166.3, Labor
					 Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 1 - Definitions › Section 20115 - Region

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The term "region" as used herein shall mean that part of the
				  State of California fixed by the Board as a particular
				  region.
1. Editorial
				  correction adding NOTE filed 2-16-83 (Register 83, No. 8).
2.
				  Amendment of section heading, section and NOTE filed 7-8-99; operative 8-7-99
				  (Register 99, No. 28).
Note: Authority cited: Section
					 1144, Labor
					 Code. Reference: Section
					 1142(b),
					 Labor Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 1 - Definitions › Section 20120 - Regional Director

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The term "regional director" as used herein shall mean the
				  agent designated as the regional director in charge of a particular region, and
				  shall also include any person designated as acting regional
				  director.
1. Editorial
				  correction adding NOTE filed 2-16-83 (Register 83, No. 8).
2.
				  Amendment of section heading, section and NOTE filed 7-8-99; operative 8-7-99
				  (Register 99, No. 28).
Note: Authority cited: Section
					 1144, Labor
					 Code. Reference: Section
					 1142(b),
					 Labor Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 1 - Definitions › Section 20125 - Administrative Law Judge; Investigative Hearing Examiner

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When used herein, the term
				"administrative law judge" shall refer to the agent of the Board conducting
				hearings pursuant to Chapters 4 and 6 of the Act or under Chapter 5 of the Act
				when consolidated with a hearing under Chapter 4 or 6. The term shall include
				the Board or a member of the Board when conducting a hearing pursuant to
				Chapters 4 and 6 of the Act or under Chapter 5 of the Act when consolidated
				with a hearing under Chapter 4 or 6.
(b) When used herein, the term "investigative
				hearing examiner" shall refer to the agent of the Board appointed by the
				executive secretary to conduct hearings pursuant to Chapter 5 of the
				Act.
1. Amendment
				  filed 8-28-81; effective thirtieth day thereafter (Register 81, No.
				  35).
2. Amendment filed 12-31-82; effective thirtieth day thereafter
				  (Register 83, No. 1).
Note: Authority cited: Section
					 1144, Labor
					 Code. Reference: Sections
					 1140-
					 1166.3, Labor
					 Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 1 - Definitions › Section 20130 - Party

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The term "party" as used herein shall mean any person named
				  or admitted as a party, or properly seeking and entitled as of right to be
				  admitted as a party, in any Board proceeding, including, without limitation,
				  any person filing a charge or petition under the Act, any person named as
				  respondent, as employer, or as party to a contract in any proceeding under the
				  Act, and any labor organization alleged to be dominated, assisted, or supported
				  in violation of Labor Code Section
				  1153(a) or
				  (b); but nothing herein shall be construed to
				  prevent the Board or its designated agent from limiting any party's
				  participation in the proceedings to the extent of its interest
				  only.
1. Editorial
				  correction adding NOTE filed 2-16-83 (Register 83, No.
				  8).
Note: Authority cited: Section
					 1144, Labor
					 Code. Reference: Sections
					 1140-
					 1166.3, Labor
					 Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 1.5 - General Rules of Pleading and Practice › Section 20150 - Format of Pleadings and Papers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All papers not electronically filed with the Board shall be
				  on white paper, 8 1/2 inches wide by 11 inches long. In all filings, matter
				  shall be typewritten, using not less than 12-point serif font, and if not filed
				  electronically, shall appear on one side of each sheet only. All documents
				  filed with the Board shall identify and be signed by the party or
				  representative filing the document, contain the party's or the representative's
				  address, telephone number, and email address, and designate the title of the
				  case, including any case number assigned by the Board. All documents filed with
				  the Board shall use single 22.75 spacing to align with line numbers when
				  prepared on pleading paper or otherwise be prepared with 1.5 or double spacing,
				  except for the identification of party or representative, the title of case,
				  footnotes, and quotations. ALRB forms and petitions may be completed by hand,
				  provided the handwriting is legible. Handwritten declarations will be accepted
				  where it would be unduly difficult to provide typewritten ones. Whenever
				  declarations which are not in English are presented for filing and service,
				  they shall, whenever possible, be accompanied by a proposed English
				  translation.
1. New section
				  filed 9-20-91; operative 10-21-91 (Register 92, No. 4).
2. 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
					 1151.4,
					 1156.3,
					 1156.7,
					 1160.2,
					 1160.3 and
					 1160.5, Labor
					 Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 1.5 - General Rules of Pleading and Practice › Section 20155 - Signing of Petitions, Pleadings, Motions, Applications, Requests, Responses, Briefs and Other Papers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Every pleading, petition, motion, application, request,
				  response, brief, or other paper filed with the Board and every request for
				  discovery or particulars and any responses thereto, shall be signed by the
				  attorney or other representative of the party, or, if the party is not
				  represented, by the party or by one of its officers or partners. The signature
				  of the attorney, other representative, party, officer, or partner may be
				  handwritten or electronic and constitutes a certification by the signer that
				  the signer has read the petition, pleading, motion, application, request,
				  response, brief, or other paper, that to the best of the signer's knowledge,
				  information, and belief, formed after reasonable inquiry, it is well-grounded
				  in fact and is warranted by existing law or a good faith argument for the
				  extension, modification or reversal of existing law, and that it is not
				  interposed for any improper purposes, such as to harass or to cause unnecessary
				  delay or needless increase in the cost of litigation.
1. New section
				  filed 9-20-91; operative 10-21-91 (Register 92, No. 4).
2. 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
					 1151.4,
					 1156.3,
					 1156.7,
					 1160.2,
					 1160.3 and
					 1160.5, Labor
					 Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 1.5 - General Rules of Pleading and Practice › Section 20160 - Place of Filing and Number of Copies to be Filed; Requirement of Electronic Filing for Represented Parties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				For parties who are not represented by counsel or other representative:
(1) Papers presented for consideration by the
				executive secretary, an administrative law judge, an investigative hearing
				examiner or the Board itself shall be filed in the offices of the Agricultural
				Labor Relations Board in Sacramento.
(2) Papers presented for consideration by the
				general counsel shall be filed in the office of the general counsel in
				Sacramento.
(3) Papers which these
				regulations require to be filed at a regional office shall be filed in the
				regional office having jurisdiction of the matter.
(4) Parties who are not represented by
				counsel or other representative may file documents electronically pursuant to
				section 20169 but are not required to do
				so.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 1.5 - General Rules of Pleading and Practice › Section 20162 - Appearance Before the Board

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
To facilitate the service of papers upon the parties and
				  their attorneys or representatives, the executive secretary shall maintain an
				  appearance list containing the name, address, telephone number, and email
				  address for each attorney or representative of a party and for each
				  unrepresented party, and shall make this information available upon request.
				  Accordingly, each party, attorney, or representative of record, shall either
				  (i) include their address, telephone number, and email address on the initial
				  pleading filed with the Board or the executive secretary and served on the
				  other parties and the appropriate regional office, or (ii) file with the
				  executive secretary and serve on the other parties and the appropriate regional
				  office a notice of appearance containing their address, telephone number, and
				  email address. The attorney or representative of a party or any unrepresented
				  party shall immediately notify the executive secretary and the other parties of
				  any change of address, telephone number, or email address.
1. New section
				  filed 9-20-91; operative 10-21-91 (Register 92, No. 4).
2. 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
					 1151.3,
					 1151.4,
					 1156.3,
					 1156.7,
					 1160.2,
					 1160.3 and
					 1160.5, Labor
					 Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 1.5 - General Rules of Pleading and Practice › Section 20164 - Service of Papers by the Board or on the Board

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All papers filed by the Board or any of its agents shall be
				  served, together with a copy of a proof of service, on the attorney or
				  representative of each party and on each unrepresented party in accordance with
				  section 20169 with an appropriate proof of
				  service. All papers filed by a party with the Board, the executive secretary,
				  an administrative law judge, an investigative hearing examiner, any regional
				  office of the Board, or the general counsel, shall be in accordance with the
				  provisions of sections
				  20160,
				  20166, and
				  20169.
Service need only be made at one address of a party, or
				  attorney or representative of a party and only to one attorney or
				  representative of each party. Proof of service shall be established by a
				  written declaration under penalty of perjury, setting forth the name and
				  address of each party, attorney or representative served and the date and
				  manner of their service. The Board or the party shall retain the original proof
				  of service.
1. New section
				  filed 9-20-91; operative 10-21-91 (Register 92, No. 4).
2. Amendment
				  of section heading and section filed 10-19-95; operative 11-18-95 (Register 95,
				  No. 42).
3. Amendment of first paragraph filed 7-8-99; operative
				  8-7-99 (Register 99, No. 28).
4. 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
					 1151.3,
					 1151.4,
					 1156.3,
					 1156.7,
					 1160.2,
					 1160.3 and
					 1160.5, Labor
					 Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 1.5 - General Rules of Pleading and Practice › Section 20166 - Service on Others of Papers Filed with the Board

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Whenever a party files papers with the Board, the executive
				  secretary, an administrative law judge, an investigative hearing examiner, any
				  regional office of the Board, or the general counsel, it shall serve the same,
				  together with a copy of a proof of service, on the attorney or representative
				  of each party and on each unrepresented party in the same manner as set forth
				  in sections
				  20164 and
				  20169, with the exception of an
				  unfair labor practice charge, which, in accordance with section
				  20206, must be served personally or
				  by a method that includes a return receipt. Service need only be made at one
				  address of an unrepresented party or an attorney or representative of a party
				  and to only one attorney or representative of each party.
(a) Service on other parties shall be made
				prior to, or simultaneously with, the filing with the Board, and proof of such
				service shall be attached to the papers when filed with the Board. Service
				shall be proven by means of written declaration signed under penalty of
				perjury, setting forth the name and address of each unrepresented party,
				attorney or representative of a party served and the date and manner of
				service.
(b) No proof of service
				will be required when papers are served by one party on another at the hearing
				when the fact of such service is stated on the record and in the presence of
				the party being served, or the party's attorney or representative of
				record.
1. New section
				  filed 9-20-91; operative 10-21-91 (Register 92, No. 4).
2. Amendment
				  of first paragraph 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
					 1151.3,
					 1151.4,
					 1156.3,
					 1156.7,
					 1160.2,
					 1160.3 and
					 1160.5, Labor
					 Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 1.5 - General Rules of Pleading and Practice › Section 20168 - Provisions for Use of Facsimile Machines and Expedited Service. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 9-20-91; operative 10-21-91 (Register 92, No. 4).
2. Repealer
				  of subsection (a)(1), subsection renumbering, amendment of newly designated
				  subsection (a)(5), and new subsection (d) filed 7-8-99; operative 8-7-99
				  (Register 99, No. 28).
3. Repealer filed 8-29-2023; operative
				  10/1/2023 (Register 2023, No. 35).
Note: Authority cited: Section
					 1144, Labor
					 Code. Reference: Sections
					 1151.3,
					 1151.4(a),
					 1156.3(a),
					 (c),
					 1156.7(c),
					 (d),
					 1160.2,
					 1160.3 and
					 1160.5, Labor
					 Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 1.5 - General Rules of Pleading and Practice › Section 20170 - Computation of Time Periods

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				date of service shall be the day when the matter served is deposited in the
				mail or with a courier providing overnight delivery, delivered in person, or
				transmitted electronically pursuant to section
				20169.
(b) In computing time periods prescribed by
				these rules, the date of service as defined in subdivision (a) or other event
				which starts the time period running is not counted. The last day of the time
				period is included unless it falls on a Saturday, Sunday or a State or Federal
				legal holiday as defined in Government Code section
				6700, in
				which case the time period expires on the next business day. Where a time
				period prescribed is less than seven days, intermediate Saturdays, Sundays, and
				legal holidays are excluded from the computation.
(c) Whenever a time period begins to run from
				the time of service of a document on a party and such service is made by mail,
				five days shall be added to the prescribed period for response. If service is
				by a courier providing overnight delivery, two business days shall be added to
				the prescribed period for a response. No days are added to the prescribed
				period for a response when service is effected personally or
				electronically.
(d) Documents
				required to be filed with the Board must be received by the Board by 5:00 p.m.
				on the last day of the time period unless mailed by registered or certified
				mail postmarked by that last day, or deposited by the last day with a common
				carrier promising overnight delivery.
1. New section
				  filed 9-20-91; operative 10-21-91 (Register 92, No. 4).
2. Amendment
				  of subsections (c) and (d) filed 7-8-99; operative 8-7-99 (Register 99, No.
				  28).
3. Amendment of subsections (a) and (c) and new subsection (e)
				  filed 5-23-2017; operative 5-23-2017 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2017, No. 21).
4. 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
					 1151.3,
					 1151.4,
					 1156.3,
					 1156.7,
					 1160.2,
					 1160.3 and
					 1160.5, Labor
					 Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 1.5 - General Rules of Pleading and Practice › Section 20180 - Exceptions to General Provisions Regarding Format, Service, Copies and Time Periods Prevail

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Whenever
				provisions of this Chapter 1.5 conflict with provisions regarding format,
				service, copies, or computation of time periods which appear elsewhere in these
				regulations, the other provisions shall prevail.
(b) When application of the provisions of
				Chapter 1.5 would work an injustice or hardship on the parties, deviations from
				this Chapter 1.5 may be permitted by the executive secretary.
1. New section
				  filed 9-20-91; operative 10-21-91 (Register 92, No.
				  4).
Note: Authority cited: Section
					 1144, Labor
					 Code. Reference: Sections
					 1151.3,
					 1151.4(a),
					 1156.3(a),
					 (c),
					 1156.7(c),
					 (d),
					 1160.2,
					 1160.3 and
					 1160.5, Labor
					 Code.