Cal. Code Regs. tit. 8 § 72190

Current through Register 2024 Notice Reg. No. 50, December 13, 2024

Section 72190 - Powers and Duties of SMCS Concerning Objections and Challenges

SMCS may schedule a hearing when substantial and material factual disputes exist. With or without a hearing, SMCS has the power to:

(a) Direct any party to submit evidence through declarations signed under penalty of perjury or through other documents;

(b) Subpoena records;

(c) Direct any party to submit an offer of proof;

(d) Conduct investigatory conferences with the parties to explore and resolve factual or legal issues;

(e) Dismiss any objections or challenges; and

(f) Order a new election. In cases of egregious conduct preventing a fair new election, SMCS may issue a bargaining order, but such an order must be following a hearing.

Cal. Code Regs. Tit. 8, § 72190

Note: Authority cited: Sections 3541.3(g) and 3603, Government Code; and Sections 30751, 40122, 70122, 90300, 98162.5, 100301, 101344, 102403, 103401, 120505, 125521, Appendix 1, Section 4.4 and Appendix 2, Section 13.91, Public Utilities Code. Reference: Sections 25052, 28851, 30751, 40122, 50121, 70122, 90300, 95651, 98162.5, 100301, 101344, 102403, 103401, 120505, 125521, Appendix 1, Section 4.4 and Appendix 2, Section 13.91, Public Utilities Code.

1. New section filed 6-5-2024; operative 10/1/2024 (Register 2024, No. 23).