Cal. Code Regs. tit. 8 § 20262

Current through Register 2024 Notice Reg. No. 49, December 6, 2024

Section 20262 - Administrative Law Judges; Powers

The hearing shall be conducted by an administrative law judge designated by the Board, unless the Board or any member of the Board presides. The duty of the administrative law judge is to inquire fully into the facts as to whether the respondent has engaged in or is engaging in an unfair labor practice as set forth in the complaint or amended complaint. Between the time the administrative law judge is designated and the time the case is transferred to the Board the administrative law judge shall, subject to the limitations specified elsewhere in these regulations, have authority, with respect to assigned cases:

(a) To administer oaths and affirmations;

(b) To grant applications for subpoenas;

(c) To rule upon petitions to revoke subpoenas or notices to appear or produce, and to impose sanctions for failure to comply with appropriate subpoenas or notices to appear or produce;

(d) To require and/or rule upon offers of proof;

(e) To regulate the course of the hearing, including the power, consistent with section 20800, to exclude from the hearing any person who engages in disruptive or abusive conduct. In excluding any person from a hearing, the administrative law judge shall state on the record the specific facts upon which the order of exclusion is based and submit to the Board a written statement of the specific facts which constitute the misconduct. The statement of facts shall be filed with the executive secretary and served on all parties to the hearing. The person excluded from a hearing may file a written response to the administrative law judge's written statement submitted to the Board. A ruling whereby any person is ejected from a hearing may be immediately appealed to the Board pursuant to section 20242;

(f) To conduct and regulate the course of pre-hearing conferences, settlement conferences, and hearings, to inquire fully into the basis for settlement submitted to them for recommendation, and to approve settlements as provided in section 20298;

(g) To dispose of procedural requests, motions, or similar matters; to dismiss complaints or portions thereof;

(h) To approve a stipulation voluntarily entered into by the parties;

(i) To make and file decisions in conformity with the Act and these regulations;

(j) To call, examine, and cross-examine witnesses and to require the production of and introduce into the record documentary or other evidence;

(k) To request the parties at any time during the hearing or pre-hearing conference to state their respective positions concerning any issue in the case or theory in support thereof either orally or in writing;

(l) To request that the Board seek a court order to compel compliance with a subpoena;

(m) To issue protective orders as may be appropriate and necessary; and

(n) To carry out the duties of administrative law judge as provided or otherwise authorized by these regulations or by the Act.

Cal. Code Regs. Tit. 8, § 20262

1. Amendment of subsections (d) and (k) filed 3-14-78; effective thirtieth day thereafter (Register 78, No. 11).
2. Amendment filed 12-31-82; effective thirtieth day thereafter (Register 83, No. 1).
3. Amendment of subsections (d), (e)(2) and (f) filed 9-20-91; operative 10-21-91 (Register 92, No. 4).
4. Amendment of subsections (c) and (e)(1) filed 7-8-99; operative 8-7-99 (Register 99, No. 28).
5. Amendment of introductory paragraph and subsection (e), repealer of subsections (e)(1)-(2) and amendment of subsection (f) filed 8-29-2023; operative 10/1/2023 (Register 2023, No. 35).

Note: Authority cited: Section 1144, Labor Code. Reference: Sections 1145, 1160.2 and 1160.3, Labor Code.