Cal. Code Regs. tit. 8 § 202

Current through Register 2024 Notice Reg. No. 44, November 1, 2024

Section 202 - Investigations, Holding of Hearings and Determinations

(a) The Administrator of Apprenticeship, or his or her designated representative may take such steps as he or she deems necessary under the circumstances to investigate the complaint and to bring about an amicable adjustment of the controversy. In the event that there are local adjustment procedures which have been approved by the Chief DAS, the charging party(s) shall be referred to that procedure for a period not to exceed 60 calendar days prior to the filing and/or processing of a complaint under this section or Labor Code Section 3081. The referral for local adjustment shall in no way be construed so as to abrogate the statutory right to file a complaint under Section 3081 of the Labor Code.

(b) The Administrator of Apprenticeship may designate his/her duly authorized representative to conduct an investigation, to hold a hearing in connection with a complaint, and may designate his/her duly authorized representative to decide on the complaint. The Administrator of Apprenticeship may, in the alternative, delegate a representative only to investigate, or only to hold a hearing, and to report to the Administrator of Apprenticeship. The Administrator of Apprenticeship reserves the authority to decide on the complaint. In that case, the duly authorized representative shall submit to the Administrator of Apprenticeship the entire record together with his/her written recommendations. The Administrator of Apprenticeship shall review the record and the written recommendations before deciding on the complaint.

The Administrator of Apprenticeship may dismiss any complaint that is not timely filed or that is without merit. In such cases the Administrator of Apprenticeship shall prepare a determination of dismissal and file it with the California Apprenticeship Council, and notify all parties to the complaint in writing in accordance with the Code of Civil Procedure Sections 1013a and 2015.5 of his/her determination to dismiss the complaint and the basis for the determination. The determination of dismissal by the Administrator shall be within sixty (60) calendar days of receipt or issuance of the complaint, provided that the sixty (60) days allowed for a local adjustment procedure shall not affect the time provided for the determination of the Administrator. Any continuance caused by the parties shall toll the running of the sixty (60) day period provided for the determination of the Administrator. If any party to the complaint requests a hearing within 10 days of receipt of the notice of determination of dismissal of the complaint and shows good cause why a hearing is necessary, the Administrator or his/her duly authorized representative may conduct a hearing in the same manner as set forth in subdivision (c).

(c) If the Administrator of Apprenticeship holds a hearing, it shall be in accordance with the following procedure:

(1) He/she shall fix the time and place of the hearing which shall take place no more than 90 days after the decision to hold a hearing and notify all interested parties to the complaint not less than 30 days in advance in writing in accordance with the Code of Civil Procedure Sections 1013a and 2015.5 specifying the time and place of the hearing and specifying whether the hearing will be for the purpose of hearing argument or taking evidence or both.

(2) At the hearing, the parties to the complaint shall be given an opportunity to present evidence and/or oral or written arguments in support of their positions as set forth in the notice of hearing.

(3) The hearing need not be conducted according to technical rules relating to evidence and witnesses. The hearing officer may require the parties to follow any of the rules of procedure set forth in 8 C.C.R. § 17201 et. seq. for hearings on public works complaints and shall notify the parties of any such rules that will be followed at the time the parties are advised of the time and place of the hearing.

(4) All witnesses testifying before the hearing officer shall testify under oath.

(5) A recording shall be made of the hearing.

(d) In deciding on the complaint after a hearing, the Administrator of Apprenticeship or his/her duly authorized representative shall prepare a statement of findings of fact, and decision, file it with the California Apprenticeship Council and notify all parties to the complaint in writing in accordance with the Code of Civil Procedure Sections 1013a and 2015.5 of the decision and of any action taken. The Administrator of Apprenticeship's decision on the complaint or any action taken shall be issued or taken no later than sixty (60) calendar days following the hearing.

Cal. Code Regs. Tit. 8, § 202

1. Amendment filed 8-15-79; effective thirtieth day thereafter (Register 79, No. 33).
2. Editorial correction of NOTE filed 9-27-82; effective thirtieth day thereafter (Register 82, No. 40).
3. Amendment filed 1-25-85; effective thirtieth day thereafter (Register 85, No. 4).
4. Amendment of subsection (a) filed 8-29-86; effective thirtieth day thereafter (Register 86, No. 36).
5. Amendment filed 10-17-2011; operative 11-16-2011 (Register 2011, No. 42).
7. Order filed 8-6-2021 stayed on 9-20-2021 by the Sacramento County Superior Court pending ruling on motions in Construction Employers' Association, United Contractors, and Millwright Employers' Association, Inc. v. California Department of Industrial Relations, Division of Labor Standards Enforcement, and California Apprenticeship Council, Case No. 34-2021-80003714. The California Department of Industrial Relations, Division of Labor Standards Enforcement, and California Apprenticeship Council will ensure that the California Apprenticeship Council website reflects that the current version of the regulation set forth at California Code of Regulations, Title 8, section 202, as it appeared prior to 8-6-2021 Order, shall remain in full force and effect.

Note: Authority cited: Section 3071, Labor Code. Reference: Sections 3081 and 3082, Labor Code.