California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 2 - Unfair Labor Practice Regulations › Section 20250 - Issuance of Subpoenas and Notices to Appear or Produce; Petitions to Revoke; Right to Inspect or Copy Data

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any member of the Board, or the executive
				secretary, regional director, or any person authorized by the Board, executive
				secretary or regional director shall upon the ex parte request of any party,
				prior to hearing, issue subpoenas as provided for in this section requiring the
				attendance and testimony of witnesses and/or the production of any materials
				including, but not limited to, books, records, correspondence or documents in
				their possession or under their control. Requests for subpoenas during the
				hearing shall be made to the administrative law judge.
(b) The subpoena shall show on its face the
				name, address, and telephone number of the party at whose request the subpoena
				was issued. A copy of a declaration under penalty of perjury shall be served
				with a subpoena duces tecum issued before hearing, showing good cause for the
				production of the matters and things described in such subpoena, specifying the
				exact matters or things desired to be produced, setting forth in full detail
				the materiality thereof to the issues involved in the case, and stating that
				the desired matters or things are in the possession or under the control of the
				witness or party.
(c) Service of
				subpoenas shall be made pursuant to sections
				20164,
				20166, and
				20169. The service must be made so
				as to allow the witness a reasonable time for preparation and travel to the
				place of attendance.
(d) In order
				to obtain the attendance of a party to the matter, or of anyone who is an
				officer, director, supervisor, or managing agent of any such party, the service
				of a subpoena upon any such witness is not required following issuance of a
				complaint if written notice requesting such witness to attend the hearing of
				the matter, with the time and place thereof, is served upon the attorney for
				such party. Such notice shall be served at least 10 days before the time
				required for attendance unless the Board prescribes a shorter time. The giving
				of such notice shall have the same effect as service of a subpoena on the
				witness, and the parties shall have such rights and the Board may make and seek
				such orders, including the imposition of sanctions, as in the case of a
				subpoena for attendance before the Board. The witness shall be entitled to fees
				in accordance with Labor Code section
				1151.4(a).
(e) If the notice specified in subdivision
				(d) is served at least 10 days before the time required for attendance, or
				within such shorter time as the Board may order, it may include a request that
				such party or person bring books, documents or other things. The notice shall
				be accompanied by a copy of a declaration under penalty of perjury showing good
				cause for the production of the matters and things described in such notice,
				specifying the exact matters or things desired to be produced, setting forth in
				full detail the materiality thereof to the issues involved in the case, and
				stating that the desired matters or things are in the possession or under the
				control of the witness or party.
(f) Any person on whom a subpoena or a notice
				to appear (described in subdivisions (d) and (e)) is served who does not intend
				to comply shall, within five days after the date of service, petition in
				writing to revoke the subpoena or notice. Such petition shall explain with
				particularity the grounds for objecting to each item covered by the petition
				and shall have attached a copy of the subpoena or notice. If a party objects to
				a request in a subpoena duces tecum and refuses to produce any material
				responsive to the request on the basis of a claim of privilege or that the
				information is protected work product, the petition 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. The
				petition to revoke shall be served as provided in sections
				20160,
				20164,
				20166, and
				20169 by or on behalf of the person
				seeking revocation upon the party at whose request the subpoena was issued or
				who issued the notice. If the petition to revoke is filed after the issuance of
				a complaint but prior to the prehearing conference, the petition shall be filed
				with the executive secretary. A copy shall be served on the party issuing the
				subpoena or notice in compliance with sections
				20160,
				20164,
				20166, and
				20169. A petition to revoke filed
				at or after the prehearing conference or during the hearing shall be filed with
				the administrative law judge who may rule on the matter. If the subpoena has
				been served less than five days before the hearing, the petition to revoke is
				due on the first day of the hearing except that the administrative law judge,
				upon a showing of good cause, may grant up to five days for filing a petition
				to revoke. For a subpoena issued during the hearing, any petition to revoke
				shall be due at the time specified in the subpoena for compliance unless
				further time, up to five days, is granted by the administrative law judge.
				Responses to petitions to revoke shall be allowed only upon leave of the
				executive secretary or assigned administrative law judge, and on such terms as
				he or she deems appropriate.
(g)
				When a party serves a subpoena for the production of records of the Board or
				for the testimony of a Board agent, the general counsel may represent the Board
				or the Board agent and may, if appropriate, move to revoke the subpoena on the
				grounds stated in subdivision (h).
(h) The Board or administrative law judge, as
				the case may be, shall revoke the subpoena or notice in whole or in part if the
				evidence required to be produced does not relate to any matter in question in
				the proceedings, or the subpoena or notice does not describe with sufficient
				particularity the evidence whose production is required, or the testimony or
				records sought are privileged or otherwise protected or deal with a matter not
				subject to review, or the subpoena is otherwise invalid. The scope of a
				subpoena or notice may be limited if the Board or administrative law judge
				determines that the material sought is:
(i)
				unreasonably cumulative or duplicative, or
(ii) obtainable from some other source that
				is more convenient, less burdensome, or less expensive; or
(iii) unduly burdensome or expensive to
				provide, taking into account the needs of the case, the limitation of the
				resources of the parties, and the importance of the issues upon which it bears.
				A simple statement of the grounds for the ruling on the petition shall
				accompany the ruling. The petition to revoke, any answer filed thereto, and any
				ruling thereon shall become part of the official record upon the request of the
				party aggrieved by the ruling.