California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 4 - Mandatory Mediation and Conciliation › Section 20402 - Evaluation of the Declaration and Answer

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Board shall dismiss any declaration
				that fails to include all of the requirements of section
				20400(a), (b), or
				(c), as applicable.
(b) If no answer to the declaration is timely
				filed, or if the answer admits the truth of all factual prerequisites to the
				validity of the declaration, the Board shall immediately issue an order
				directing the parties to mandatory mediation and conciliation and request a
				list of mediators from the California State Mediation and Conciliation Service,
				in accordance with Labor Code section
				1164(b).
(c) Where a timely filed answer disputes the
				existence of any of the prerequisites for referral to mediation, the Board
				shall attempt to resolve the dispute on the basis of the parties' filing and/or
				upon investigation. The Board shall issue a decision within five days of
				receipt of the answer either (1) dismissing the petition, or (2) referring the
				matter to mediation, or (3) scheduling an expedited evidentiary hearing to
				resolve any factual issues material to the question of the existence of any of
				the prerequisites.
(d) Where an
				evidentiary hearing is ordered by the Board pursuant to subdivision (c), the
				hearing shall be in accordance with the following procedures:
(1) Notice of hearing shall be served in the
				manner required by sections
				20164 and
				20169.
(2) Parties shall have the right to appear in
				person at the hearing, or by counsel or other representative, to call, examine
				and cross-examine witnesses, and to introduce all relevant and material
				evidence. All testimony shall be given under oath.
(3) The hearings shall be reported by any
				appropriate means designated by the Board.
(4) The hearing shall be conducted by a
				member(s) of the Board, or by an assigned administrative law judge, under the
				rules of evidence, so far as practicable; while conducting a hearing the Board
				member(s) or administrative law judges shall have all pertinent powers
				specified in section
				20262.
(5) Requests for discovery and the issuance
				and enforcement of subpoenas shall be governed by the provisions of section
				20406, with the exception that
				references to "notice of mediation" shall mean notice of hearing, "mediator"
				shall mean the Board member(s) or assigned administrative law judges who will
				conduct the hearing, references to "mediation" shall mean the expedited
				evidentiary hearing provided for in this section.
(6) The assigned administrative law judge or
				member(s) of Board who conducted the hearing shall file a decision with the
				executive secretary within 10 days from receipt of all the transcripts or
				records of the proceedings. The decision shall contain findings of fact
				adequate to support any conclusions of law necessary to decide the matter. If
				the hearing was conducted by the full Board, the decision shall constitute that
				of the Board.
(A) Upon the filing of the
				decision, the executive secretary shall serve copies of the decision on all
				parties pursuant to sections
				20164 and
				20169.
(B) Within 10 days after the service of the
				decision of the administrative law judge, or of less than the full Board, any
				party may file with the executive secretary for submission to the Board
				exceptions to the decision or any part of the proceedings, with a brief in
				support of the exceptions, accompanied by proof of service, as provided in
				sections 20160,
				20166, and
				20169. The exceptions shall state
				the ground of each exception, identify by page number that part of the decision
				to which exception is taken, and cite to those portions of the record that
				support the exception. Briefs in support of exceptions shall conform in all
				ways to the requirements of sections
				20282(a)(2). The
				Board shall issue its decision within 10 days of receipt of the
				exceptions.
(7) Upon its
				resolution of the disputed facts, the Board either shall issue an order
				dismissing the declaration or an order directing the parties to mandatory
				mediation and conciliation and request a list of mediators from the California
				State Mediation and Conciliation Service, in accordance with Labor Code section
				1164(b).