This information is provided free of charge by the Department of Industrial Relations from its web site at www.dir.ca.gov. These regulations are for the convenience of the user and no representation or warranty is made that the information is current or accurate. See full disclaimer at http://www.dir.ca.gov/od_pub/disclaimer.html.


Chapter 8. Office of the Director
Subchapter 2.2. Procedure Under the Laws Pertaining to the Alameda-Contra Costa Transit District, the Fresno Metropolitan Transit District, the Greater Bakersfield Metropolitan Transit District, the Marin County Transit District, the North San Diego County Transit Development Board, the Orange County Transit District, the Sacramento Regional Transit District, the San Diego County Transit District, the San Diego Metropolitan Transit Development Board, the San Francisco Bay Area Transit District, the San Mateo County Transit District, the Santa Barbara Metropolitan Transit District, the Santa Clara County Transit District, the So. California Rapid Transit District, the Stockton Metropolitan Transit District, and the West Bay Rapid Transit Authority

New query

§15830. Conduct of Hearings.

(a) Hearings shall be conducted by a hearing officer appointed by the Director and shall be open to the public unless otherwise ordered by the hearing officer. It shall be the duty of the hearing officer to inquire fully into all matters in issue and necessary to obtain a full and complete record upon which the service or the Director may discharge their duties under Section 25052 of the Public Utilities Code with respect to the Alameda-Contra Costa Transit District. Section 4.4 of the Public Utilities Code with respect to the Fresno Metropolitan Transit District, Section 101344 of the Public Utilities Code with respect to the Greater Bakersfield Metropolitan Transit District, Section 70122 of the Public Utilities Code with respect to the Marin County Transit District, Section 125521 with respect to the North San Diego County Transit Development Board, Section 40122 of the Public Utilities Code with respect to the Orange County Transit District, Section 102403 of the Public Utilities Code with respect to the Sacramento Regional Transit District, Section 90300(b) of the Public Utilities Code with respect to the San Diego County Transit District, Section 120505 of the Public Utilities Code with respect to the San Diego Metropolitan Development Board, Section 28851 of the Public Utilities Code with respect to the San Francisco Bay Area Transit District, Section 103401 with respect to the San Mateo County Transit District, Section 95651 of the Public Utilities Code with respect to the Santa Barbara Metropolitan Transit District, Section 100301 of the Public Utilities Code with respect to the Santa Clara County Transit District, Section 30751 of the Public Utilities Code with respect to the Southern California Rapid Transit District, Section 50121 of the Public Utilities Code with respect to the Stockton Metropolitan Transit District, and Section 13.91 of the Public Utilities Code with respect to the West Bay Rapid Transit Company. At any time a hearing officer may be substituted by the Director for a hearing officer previously presiding.

(b) The hearing officer may, in his discretion, continue the hearing from day to day, or adjourn it to a later date or to a different place, by announcement thereof at a hearing or by other appropriate notice.

(c) All motions, including motions for intervention pursuant to Section 15835 below, shall be in writing, or if made at the hearing may be stated orally on the record, and all briefly state the action or relief sought and the grounds for such motion. An original and one copy of written motions shall be filed and a copy thereof shall immediately be served by the moving party upon each of the other parties to the proceeding. Motions made prior to the hearing shall be filed with the service, and written motions made during the hearing shall be filed with the hearing officer. After the close of the hearing all motions shall be filed with the service. The director may rule upon all motions filed with the service, causing a copy of his ruling to be served upon each of the parties, or in the case of motions filed prior to the hearing he may refer the motion to the hearing officer. The hearing officer shall rule either orally on the record or in writing upon all motions filed at the hearing or referred to him as above provided, except that he shall refer to the director for appropriate action, at such time as the director considers the entire record, all motions to dismiss a petition.

NOTE: Authority and reference cited: Section 54, Labor Code; and Sections 4.4, 13.91, 25052, 28851, 30751, 40122, 50121, 70122, 90300b, 95651, 100301, 101344, 102403, 103401, 120505 and 125521, Public Utilities Code. Additional reference: Labor Management Relations Act, 1947, Section 9, 29 USC Section 159; 29 CFR Sections 102.60-102.72.

HISTORY

1. Amendment of subsection (a) filed 7-20-76 as an emergency; effective upon filing (Register 76, No. 30). For prior history, see Register 76, No. 25.

2. Certificate of Compliance filed 11-12-76 (Register 76, No. 46).

3. Amendment of subsection (a) filed 11-23-76 as an emergency; effective upon filing (Register 76, No. 48).

4. Certificate of Compliance filed 3-22-77 (Register 77, No. 13).

5. Amendment filed 7-29-83; effective thirtieth day thereafter (Register 83, No. 31).

Go BackGo Back to Subchapter 2.2 Table of Contents