Cal. Code Regs. tit. 8 § 32620

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 32620 - Processing of Case

(a) When a charge is filed, it shall be assigned to a Board agent for processing.

(b) The powers and duties of such Board agent shall be to:

(1) Assist the charging party to state in proper form the information required by Section 32615;

(2) Answer procedural questions of each party regarding the processing of the case;

(3) Facilitate communication and the exchange of information between the parties;

(4) Make inquiries and review the charge and any accompanying materials to determine whether an unfair practice has been, or is being, committed, and determine whether the charge is subject to deferral to arbitration, or to dismissal for lack of timeliness.

(5) Dismiss the charge or any part thereof as provided in Section 32630 if it is determined that the charge or the evidence is insufficient to establish a prima facie case; or if it is determined that a complaint may not be issued in light of Government Code Sections 3514.5, 3524.55, 3541.5, 3563.2, 71639.1(c) or 71825(c), or Public Utilities Code Section 99561.2; or if it is determined that a charge filed pursuant to Government Code section 3509(b) or Public Utilities Code Sections 28860(b), 40122.1, or 102408(b)(2) is based upon conduct occurring more than six months prior to the filing of the charge.

(6) Place the charge in abeyance if the dispute arises under MMBA, HEERA, TEERA, Trial Court Act, Court Interpreter Act, OCTDA, SFBART Act or Sacramento RTD Act, and is subject to deferral to final and binding arbitration pursuant to a collective bargaining agreement, and dismiss the charge at the conclusion of the arbitration process unless the charging party demonstrates that the settlement or arbitration award is repugnant to the purposes of MMBA, HEERA, TEERA, Trial Court Act, Court Interpreter Act, OCTDA, SFBART Act, or Sacramento RTD Act as provided in Section 32661.

(7) Issue a complaint pursuant to Section 32640.

(c) The respondent shall be apprised of the allegations, and may state its position on the charge during the course of the inquiries. Any response must be in writing, and signed under penalty of perjury by the party or its agent with the declaration that the response is true and complete to the best of the respondent's knowledge and belief. Service and proof of service pursuant to Section 32140 are required.

(d) The Board agent shall advise the charging party in writing of any deficiencies in the charge in a warning letter, unless otherwise agreed by the Board agent and the charging party, prior to dismissal of any allegations contained in the charge. The warning letter shall identify the facts obtained from the charge or any response to the charge which reveal a deficiency in the charge. The dismissal of a charge shall also be in writing and must identify the deficiencies in the charging party's allegations.

Cal. Code Regs. Tit. 8, § 32620

Note: Authority cited: Sections 3509(a), 3513(h), 3524.52(a), 3541.3(g), 3551(a), 3555.5(c), 3563(f), 71639.1(b) and 71825(b), Government Code; and Sections 28849(b), 40122.1(a), 99561(f) and 102399(b), Public Utilities Code. Reference: Sections 3502.5, 3506.5, 3509, 3513(h), 3514.5, 3515.7, 3519, 3519.5, 3523, 3524.52(a), 3524.55, 3524.59, 3524.71, 3524.72, 3524.78, 3541.3(i), 3541.5, 3543.5, 3543.6, 3546.5, 3547, 3547.5, 3551(a), 3555.5(c), 3563(h), 3563.2, 3571, 3571.1, 3571.3, 3584, 3587, 3595, 71632.5, 71639.1 and 71825, Government Code; Sections 28849(b), 28850, 28858, 28859, 28860(b), 40120, 40122.1, 99561(h), 99561.2, 99563.7, 99563.8, 99566.3, 99569, 102399(b), 102400, 102401, 102404, 102405, 102406, 102407, 102408(b)(2) and 102414, Public Utilities Code; Firefighters Union, Local 1186 v. City of Vallejo (1974) 12 Cal.3d 608; and Coachella Valley Mosquito and Vector Control District v. Public Employment Relations Board (2005) 35 Cal.4th 1072.

Note: Authority cited: Sections 3509(a), 3513(h), 3524.52(a), 3541.3(g), 3551(a), 3555.5(c), 3563(f), 71639.1(b) and 71825(b), Government Code; and Section 99561(f), Public Utilities Code. Reference: Sections 3502.5, 3506.5, 3509, 3513(h), 3514.5, 3515.7, 3519, 3519.5, 3523, 3524.52(a), 3524.55, 3524.59, 3524.71, 3524.72, 3524.78, 3541.3(i), 3541.5, 3543.5, 3543.6, 3546.5, 3547, 3547.5, 3551(a), 3555.5(c), 3563(h), 3563.2, 3571, 3571.1, 3571.3, 3584, 3587, 3595, 71632.5, 71639.1 and 71825, Government Code; Sections 99561(h), 99561.2, 99563.7, 99563.8, 99566.3 and 99569, Public Utilities Code; Firefighters Union, Local 1186 v. City of Vallejo (1974) 12 Cal.3d 608; and Coachella Valley Mosquito and Vector Control District v. Public Employment Relations Board (2005) 35 Cal.4th 1072.

1. Renumbering from Section 35005 and amendment of subsections (b)(1) and (b)(3) filed 7-6-78 as an emergency; effective upon filing (Register 78, No. 27).
2. Certificate of Compliance filed 10-19-78 (Register 78, No. 42).
3. Amendment filed 6-18-80; effective thirtieth day thereafter (Register 80, No. 25).
4. Amendment filed 9-20-82; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 82, No. 39).
5. Amendment of subsection (b)(5), new subsection (b)(6), subsection renumbering and amendment of Note filed 1-26-95; operative 2-27-95 (Register 95, No. 4).
6. Amendment of subsection (b)(6) and amendment of Note filed 6-11-2001 as an emergency; operative 7-1-2001 (Register 2001, No. 24). A Certificate of Compliance must be transmitted to OAL by 10-29-2001 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 6-11-2001 order transmitted to OAL 10-18-2001 and filed 12-4-2001 (Register 2001, No. 49).
8. Amendment of subsection (c) and new subsection (d) filed 11-13-2003; operative 12-13-2003 (Register 2003, No. 46).
9. Amendment of subsection (b)(6) and amendment of Note filed 2-2-2004 as an emergency; operative 2-2-2004 (Register 2004, No. 6). A Certificate of Compliance must be transmitted to OAL by 6-1-2004 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 2-2-2004 order transmitted to OAL 5-4-2004 and filed 6-8-2004 (Register 2004, No. 24).
11. Amendment of subsections (b)(5)-(6) and amendment of Note filed 8-30-2004 as an emergency; operative 8-30-2004 (Register 2004, No. 36). A Certificate of Compliance must be transmitted to OAL by 12-28-2004 or emergency language will be repealed by operation of law on the following day.
12. Amendment of subsections (b)(5)-(6) and amendment of Note refiled 12-27-2004 as an emergency; operative 12-29-2004 (Register 2004, No. 53). A Certificate of Compliance must be transmitted to OAL by 4-28-2005 or emergency language will be repealed by operation of law on the following day.
13. Certificate of Compliance as to 12-27-2004 order transmitted to OAL 4-26-2005 and filed 5-31-2005 (Register 2005, No. 22).
14. Amendment of subsection (b)(5) and Note filed 4-11-2006; operative 5-11-2006 (Register 2006, No. 15).
15. Change without regulatory effect amending Note filed 3-14-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 11).
16. Amendment of subsections (b)(6), (c) and (d) and amendment of Note filed 3-18-2013; operative 7-1-2013 (Register 2013, No. 12).
17. Amendment of subsection (b)(6) and Note filed 12-6-2013 as an emergency; operative 12-6-2013 pursuant to Government Code section 110035.5 (Register 2013, No. 51). This regulatory action is deemed an emergency exempt from OAL review and was filed directly by the agency with the Secretary of State pursuant to Government Code section 110035.5. A Certificate of Compliance must be transmitted to OAL by 6-4-2014 or emergency language will be repealed by operation of law on the following day.
18. Certificate of Compliance as to 12-6-2013 order transmitted to OAL 5-29-2014 and filed 7/10/2014 (Register 2014, No. 28).
19. Change without regulatory effect amending subsection (b)(6) and Note filed 5-8-2018 pursuant to section 100, title 1, California Code of Regulations (Register 2018, No. 19).
20. Amendment of Note filed 12-27-2019; operative 4/1/2020 (Register 2019, No. 52).
21. Amendment of subsection (b)(5) and Note filed 4-18-2023; operative 7/1/2023 (Register 2023, No. 16).
22. Amendment of subsections (b)(1) and (b)(5)-(6) and amendment of NOTE filed 6-5-2024; operative 10/1/2024 (Register 2024, No. 23).