Section 547.68 - Intervention(a) At any time after an employee organization requests that that board review a contract for compliance with Government Code § 19130(a) or §19130(b), a contractor to the disputed contract may move to intervene as a party in the contract review process. Either the executive officer, administrative law judge or authorized representative who conducts an evidentiary hearing, or board, may grant a motion for intervention if all the following conditions are satisfied: (1) A written motion is filed with the board, with copies served upon the state agency and the employee organization.(2) The motion is made as early as practicable.(3) The motion states facts demonstrating that the applicant has an interest in the disputed contract that may be affected by a decision upon that contract or that the applicant qualifies as an intervenor under a statute or regulation.(4) The executive officer, administrative law judge, authorized representative or board determines that the interests of justice and the orderly and prompt conduct of the contract review process will not be impaired by allowing the intervention.(b) If an applicant qualifies for intervention, the executive officer, administrative law judge, authorized representative or board may impose conditions on the intervenor's participation in the contract review process, either at the time that intervention is granted or at a subsequent time. Conditions include, but are not limited to, the following: (1) Limiting the intervenor's participation to designated issues in which the intervenor has a particular interest demonstrated by the motion.(2) Limiting or excluding the intervenor's participation in any proceedings so as to promote the orderly and prompt conduct of the executive officer's investigation, the administrative law judge's or authorized representative's evidentiary hearing, or the oral arguments before the board.(3) Requiring two or more intervenors to combine their presentations of evidence and arguments, and other participation during the executive officer's investigation, the administrative law judge's or authorized representative's evidentiary hearing, or oral arguments before the board.(4) Limiting or excluding the intervenor's participation in settlement negotiations.(c) As early as practicable in advance of the executive officer's investigation, the administrative law judge's or authorized representative's evidentiary hearing, or oral arguments before the board, the executive officer, administrative law judge, authorized representative or board shall issue an order granting or denying the motion for intervention, specifying any conditions, and briefly stating the reasons for the order. The executive officer, administrative law judge, authorized representative or board may modify the order at any time, stating the reasons for the modification. The executive officer, administrative law judge, authorized representative or board shall promptly give notice of an order granting, denying, or modifying intervention to the applicant and to all parties.(d) Whether the interests of justice and the orderly and prompt conduct of the contract review process shall be impaired by allowing intervention is a determination to be made in the sole discretion, and based on the knowledge and judgment at that time, of the executive officer, administrative law judge, authorized representative or board. The determination is not subject to administrative or judicial review.(e) If a contractor's motion for intervention is denied, the executive officer, administrative law judge, authorized representative or board may permit that contractor to submit written arguments and participate in the executive officer's investigation, the evidentiary hearing before the administrative law judge or authorized representative, or oral arguments before the board as the executive officer, administrative law judge, authorized representative or board may deem appropriate under the circumstances.Cal. Code Regs. Tit. 2, § 547.68
1. New section filed 5-3-99; operative 5-3-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 19).
2. Change without regulatory effect correcting reference citation to Government Code section 11440.50 filed 5-4-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 19). Note: Authority cited: Section 18701, Government Code. Reference: Sections 11440.50, 19130, 19131 and 19132, Government Code; and Section 10337, Public Contract Code.
1. New section filed 5-3-99; operative 5-3-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 19).
2. Change without regulatory effect correcting reference citation to Government Code section 11440.50 filed 5-4-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 19).