(a) Following its investigation, the general counsel shall issue a written decision on the complaint no later than 70 days after the date the complaint was filed. The decision shall state whether the complaint allegation that an organization is not a bona fide labor organization has been dismissed or sustained, and shall describe the reasoning and any evidence relied upon in making such determination.(b) The general counsel may render its decision based solely on the complaint, any responses thereto, and any other evidence or argument submitted by the parties. The general counsel is not required to hold a hearing, but in its discretion may elect to hold a hearing if it is deemed necessary to resolve credibility disputes or any disputed fact material to its determination. Either the accused licensee or organization may request a hearing, provided that such request is made in writing no later than 30 days after the date the complaint was filed. A request for a hearing must be supported by good cause demonstrating the need for a hearing and why resolution of the matter on the records submitted to the general counsel is not appropriate. The general counsel's decision whether to hold a hearing is final and nonreviewable.Cal. Code Regs. Tit. 8, § 20954
Note: Authority cited: Section 26051.5, Business and Professions Code. Reference: Section 26051.5, Business and Professions Code.
1. New section filed 12-7-2023; operative 4/1/2024 (Register 2023, No. 49).