Cal. Code Regs. Tit. 8, § 203 - Appeals to the California Apprenticeship Council
(a) The following procedures shall be
followed when an appeal is filed with the Council within ten (10) days from the
date the parties are given notification of the determination. The parties shall
be deemed to have been given notification five (5) days after notice has been
sent to their address of record.
(1) The Chair
of the Council shall appoint three (3) members of the Council to act as an
appeal board and decide the appeal. This appeal board shall consist of one
member of the Council representing an employee organization and one member
representing an employer organization; the third member will be a member who
does not represent either of the aforementioned groups and shall act as chair
of the appeal board.
(2) The appeal
board shall review the entire record and may hold an appeal hearing thereon to
hear argument from the parties.
(3)
In the event of a hearing, the designated chair of the appeal board shall fix
the time and place of the hearing on the appeal and notify all interested
parties to the appeal not less than two weeks 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.
(4) The hearing on the appeal shall be
limited to a review of the record before the Administrator of Apprenticeship to
determine whether there is substantial evidence in the record to support the
decision, and to oral or written arguments by interested parties to the appeal;
where the appeal board finds that there is relevant evidence which, in the
exercise of reasonable diligence, could not have been produced or which was
improperly excluded at the hearing before the Administrator of Apprenticeship,
and such evidence might require a different decision, the appeal board may
return the matter to the Administrator to admit such evidence to supplement the
record and exercise his/her independent judgment upon all of the evidence in
the record. The appeal board may, in its independent judgment, refer the matter
to the program sponsor for reconsideration of its prior action, in an attempt
to resolve the matter amicably. In the event the program changes its decision,
an appellant apprentice, however, shall be entitled to file a new complaint in
accordance with Title 8, Chapter 2, Section
201 or
207.1 of the California Code of
Regulations.
(5) The appeal board
shall submit a written report to the Council summarizing the evidence, findings
of fact, and recommended decision. The Council shall take appropriate action on
the recommended decision. If for any reason the Council rejects the appeal
board's recommended decision, a complete copy of the record shall have been
made available to the Council for independent review and consideration before
any action is taken by the Council in rendering a decision.
(6) The Council will timely notify all
parties to the appeal of its decision in writing in accordance with the Code of
Civil Procedure Sections
1013a
and
2015.5.
Notes
2. Amendment filed 8-15-79; effective thirtieth day thereafter (Register 79, No. 33).
3. Editorial correction of NOTE filed 9-27-82; effective thirtieth day thereafter (Register 82, No. 40).
4. Amendment filed 1-25-85; effective thirtieth day thereafter (Register 85, No. 4).
5. Amendment filed 6-4-85; effective thirtieth day thereafter (Register 85, No. 23).
6. Amendment filed 8-29-86; effective thirtieth day thereafter (Register 86, No. 36).
7. Amendment of subsections (a)(2), (a)(4) and (a)(5) filed 10-17-2011; operative 11-16-2011 (Register 2011, No. 42).
Note: Authority cited: Section 3071, Labor Code. Reference: Sections 3082, 3083 and 3084, Labor Code.
2. Amendment filed 8-15-79; effective thirtieth day thereafter (Register 79, No. 33).
3. Editorial correction of NOTE filed 9-27-82; effective thirtieth day thereafter (Register 82, No. 40).
4. Amendment filed 1-25-85; effective thirtieth day thereafter (Register 85, No. 4).
5. Amendment filed 6-4-85; effective thirtieth day thereafter (Register 85, No. 23).
6. Amendment filed 8-29-86; effective thirtieth day thereafter (Register 86, No. 36).
7. Amendment of subsections (a)(2), (a)(4) and (a)(5) filed 10-17-2011; operative 11-16-2011 (Register 2011, No. 42).
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