Cal. Code Regs. Tit. 8, § 32620 Processing of Case
| Library | California Code of Regulations |
| Edition | 2023 |
| Currency | Current through Register 2023 Notice Reg. No. 52, December 29, 2023 |
| Citation | Cal. Code Regs. Tit. 8, § 32620 |
| Year | 2023 |
(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)
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 or
Court Interpreter 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 or Court Interpreter 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.
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