Cal. Code Regs. Tit. 8, § 20242 - Appeals of Executive Secretary and Administrative Law Judge Rulings

(a) All rulings and orders of every kind, by the executive secretary or by an administrative law judge, shall be a part of the record without the necessity of their being introduced into evidence, except that rulings on motions to revoke subpoenas shall become a part of the record only upon the request of the party aggrieved thereby, as provided in section 20250.

(b) No ruling or order shall be appealable, except upon special permission from the Board; except that a ruling which dismisses a complaint in its entirety shall be reviewable as a matter of right. The Board will consider an application for special permission to appeal only where the challenged ruling or order cannot be addressed effectively through exceptions filed pursuant to sections 20282 or 20370(j). A party applying for special permission for an interim appeal from any ruling by the executive secretary or an administrative law judge shall, within five days from the ruling, file with the executive secretary, to be forwarded to the Board for review, its application for permission to appeal, setting forth its position on the necessity for interim relief and on the merits of the appeal. The application shall be supported by declarations if the facts are in dispute and by such authorities as the party deems appropriate. Applications and supporting papers shall be filed and served in accordance with sections 20160, 20166, and 20169. Any party may file a response or opposition to such application, with proof of service on the other parties as provided in sections 20160, 20166, and, 20169, within five days after the application is filed. No further pleadings shall be filed in support of or in opposition to the appeal unless requested by the Board.

(c) Parties intending to apply for special permission to appeal an oral ruling by an administrative law judge shall immediately notify the administrative law judge and arrange with the reporter for an expedited copy of the relevant portion of the hearing transcript which shall be lodged with the Board at the moving party's expense.

(d) Unless the executive secretary so directs, no hearing shall be delayed because an application was filed; nor shall the appeal or attempt to appeal a ruling or order delay the hearing unless the Board so directs.

(e) This section does not apply to decisions of administrative law judges as defined in sections 20279 through 20286.

Notes

Cal. Code Regs. Tit. 8, § 20242

1. Renumbering and amendment of former section 20242 to section 20241 and new section 20242 filed 12-31-82; effective thirtieth day thereafter (Register 83, No. 1).
2. Amendment of subsections (a), (b), (c) and (d) and new subsection (e) filed 9-20-91; operative 10-21-91 (Register 92, No. 4).
3. Amendment of subsection (b) filed 10-19-95; operative 11-18-95 (Register 95, No. 42).
4. Amendment of section heading filed 7-8-99; operative 8-7-99 (Register 99, No. 28).
5. Amendment of subsection (b) filed 5-23-2017; operative 5-23-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 21).
6. Amendment of subsections (b) and (e) filed 8-29-2023; operative 10/1/2023 (Register 2023, No. 35).

Note: Authority cited: Section 1144, Labor Code. Reference: Sections 1160.2 and 1160.3, Labor Code.

1. Renumbering and amendment of former section 20242 to section 20241 and new section 20242 filed 12-31-82; effective thirtieth day thereafter (Register 83, No. 1).
2. Amendment of subsections (a), (b), (c) and (d) and new subsection (e) filed 9-20-91; operative 10-21-91 (Register 92, No. 4).
3. Amendment of subsection (b) filed 10-19-95; operative 11-18-95 (Register 95, No. 42).
4. Amendment of section heading filed 7-8-99; operative 8-7-99 (Register 99, No. 28).
5. Amendment of subsection (b) filed 5-23-2017; operative 5/23/2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 21).
6. Amendment of subsections (b) and (e) filed 8-29-2023; operative 10/1/2023 (Register 2023, No. 35).