Section 20402 - Evaluation of the Declaration and Answer(a) The Board shall dismiss any declaration that fails to include all of the requirements of section 20400(a), (b), or (c), as applicable.(b) If no answer to the declaration is timely filed, or if the answer admits the truth of all factual prerequisites to the validity of the declaration, the Board shall immediately issue an order directing the parties to mandatory mediation and conciliation and request a list of mediators from the California State Mediation and Conciliation Service, in accordance with Labor Code section 1164(b).(c) Where a timely filed answer disputes the existence of any of the prerequisites for referral to mediation, the Board shall attempt to resolve the dispute on the basis of the parties' filing and/or upon investigation. The Board shall issue a decision within five days of receipt of the answer either (1) dismissing the petition, or (2) referring the matter to mediation, or (3) scheduling an expedited evidentiary hearing to resolve any factual issues material to the question of the existence of any of the prerequisites.(d) Where an evidentiary hearing is ordered by the Board pursuant to subdivision (c), the hearing shall be in accordance with the following procedures: (1) Notice of hearing shall be served in the manner required by sections 20164 and 20169.(2) Parties shall have the right to appear in person at the hearing, or by counsel or other representative, to call, examine and cross-examine witnesses, and to introduce all relevant and material evidence. All testimony shall be given under oath.(3) The hearings shall be reported by any appropriate means designated by the Board.(4) The hearing shall be conducted by a member(s) of the Board, or by an assigned administrative law judge, under the rules of evidence, so far as practicable; while conducting a hearing the Board member(s) or administrative law judges shall have all pertinent powers specified in section 20262.(5) Requests for discovery and the issuance and enforcement of subpoenas shall be governed by the provisions of section 20406, with the exception that references to "notice of mediation" shall mean notice of hearing, "mediator" shall mean the Board member(s) or assigned administrative law judges who will conduct the hearing, references to "mediation" shall mean the expedited evidentiary hearing provided for in this section.(6) The assigned administrative law judge or member(s) of Board who conducted the hearing shall file a decision with the executive secretary within 10 days from receipt of all the transcripts or records of the proceedings. The decision shall contain findings of fact adequate to support any conclusions of law necessary to decide the matter. If the hearing was conducted by the full Board, the decision shall constitute that of the Board. (A) Upon the filing of the decision, the executive secretary shall serve copies of the decision on all parties pursuant to sections 20164 and 20169.(B) Within 10 days after the service of the decision of the administrative law judge, or of less than the full Board, any party may file with the executive secretary for submission to the Board exceptions to the decision or any part of the proceedings, with a brief in support of the exceptions, accompanied by proof of service, as provided in sections 20160, 20166, and 20169. The exceptions shall state the ground of each exception, identify by page number that part of the decision to which exception is taken, and cite to those portions of the record that support the exception. Briefs in support of exceptions shall conform in all ways to the requirements of sections 20282(a)(2). The Board shall issue its decision within 10 days of receipt of the exceptions.(7) Upon its resolution of the disputed facts, the Board either shall issue an order dismissing the declaration or an order directing the parties to mandatory mediation and conciliation and request a list of mediators from the California State Mediation and Conciliation Service, in accordance with Labor Code section 1164(b).Cal. Code Regs. Tit. 8, § 20402
1. New section filed 5-7-2003; operative 5-7-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 19).
2. Amendment of subsection (a) filed 5-2-2012; operative 5-2-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 18).
3. Amendment of subsections (d)(6)(B) and (d)(7) filed 5-23-2017; operative 5-23-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 21).
4. Amendment of section and NOTE filed 8-29-2023; operative 10/1/2023 (Register 2023, No. 35). Note: Authority cited: Section 1144, Labor Code. Reference: Sections 1151, 1164, 1164.11 and 1164.12, Labor Code.
1. New section filed 5-7-2003; operative 5-7-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 19).
2. Amendment of subsection (a) filed 5-2-2012; operative 5-2-2012 pursuant to Government Code section 11343.4(Register 2012, No. 18).
3. Amendment of subsections (d)(6)(B) and (d)(7) filed 5-23-2017; operative 5/23/2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 21).
4. Amendment of section and NOTE filed 8-29-2023; operative 10/1/2023 (Register 2023, No. 35).