(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.
Notes
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.
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).
6. Amendment of subsection
(c)(3) filed 8-6-2021; operative 10/1/2021 (Register
2021, No. 32). Filing deadline specified in Government Code
section
11349.3(a)
extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
60 calendar days pursuant to Executive Order
N-71-20.