California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 2 - Unfair Labor Practice Regulations › Section 20242 - Appeals of Executive Secretary and Administrative Law Judge Rulings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All rulings and
				orders of every kind, by the executive secretary or by an administrative law
				judge, shall be a part of the record without the necessity of their being
				introduced into evidence, except that rulings on motions to revoke subpoenas
				shall become a part of the record only upon the request of the party aggrieved
				thereby, as provided in section
				20250.
(b) No ruling or order shall be appealable,
				except upon special permission from the Board; except that a ruling which
				dismisses a complaint in its entirety shall be reviewable as a matter of right.
				The Board will consider an application for special permission to appeal only
				where the challenged ruling or order cannot be addressed effectively through
				exceptions filed pursuant to sections
				20282 or
				20370(j). A party
				applying for special permission for an interim appeal from any ruling by the
				executive secretary or an administrative law judge shall, within five days from
				the ruling, file with the executive secretary, to be forwarded to the Board for
				review, its application for permission to appeal, setting forth its position on
				the necessity for interim relief and on the merits of the appeal. The
				application shall be supported by declarations if the facts are in dispute and
				by such authorities as the party deems appropriate. Applications and supporting
				papers shall be filed and served in accordance with sections
				20160,
				20166, and
				20169. Any party may file a
				response or opposition to such application, with proof of service on the other
				parties as provided in sections
				20160,
				20166, and, 20169, within five days
				after the application is filed. No further pleadings shall be filed in support
				of or in opposition to the appeal unless requested by the Board.
(c) Parties intending to apply for special
				permission to appeal an oral ruling by an administrative law judge shall
				immediately notify the administrative law judge and arrange with the reporter
				for an expedited copy of the relevant portion of the hearing transcript which
				shall be lodged with the Board at the moving party's expense.
(d) Unless the executive secretary so
				directs, no hearing shall be delayed because an application was filed; nor
				shall the appeal or attempt to appeal a ruling or order delay the hearing
				unless the Board so directs.
(e)
				This section does not apply to decisions of administrative law judges as
				defined in sections
				20279 through
				20286.
1. Renumbering
				  and amendment of former section
				  20242 to section
				  20241 and new section
				  20242 filed 12-31-82; effective
				  thirtieth day thereafter (Register 83, No. 1).
2. Amendment of
				  subsections (a), (b), (c) and (d) and new subsection (e) filed 9-20-91;
				  operative 10-21-91 (Register 92, No. 4).
3. Amendment of subsection
				  (b) filed 10-19-95; operative 11-18-95 (Register 95, No. 42).
4.
				  Amendment of section heading filed 7-8-99; operative 8-7-99 (Register 99, No.
				  28).
5. Amendment of subsection (b) filed 5-23-2017; operative
				  5-23-2017 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2017, No. 21).
6. Amendment of subsections (b) and (e)
				  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.