Chapter 2. California Apprenticeship Council
Subchapter 1. Apprenticeship
Article 1. Procedures for Investigating, Holding Hearings and Determining Disputes

§202. Investigations, Holding of Hearings and Determinations.

(a) The Administrator of Apprenticeship, upon the timely receipt or issuance of a complaint under Section 201, shall investigate the matter to determine whether the complaint has merit, and in the course of such investigations, the Administrator of Apprenticeship may take such steps as he/she deems necessary under the circumstances 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. The Administrator of Apprenticeship shall dismiss any complaint that is not timely filed and may, following an investigation, dismiss any complaint that is found to be without merit. In such cases the Administrator of Apprenticeship shall prepare a statement of his/her findings and determinations 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. The determination of 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 dismissal of the complaint, the Administrator or his/her duly authorized representative shall conduct a hearing in the same manner as set forth in subdivision (b).

(b) If the matter is not dismissed, withdrawn or settled satisfactorily, the Administrator of Apprenticeship shall hold a hearing in accordance with the following procedure:

(1) He/she shall fix the time and place of the hearing and notify all interested parties to the complaint 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.

(2) The interested parties to the complaint shall be given an opportunity to present evidence and oral or written arguments in support of their positions.

(3) The hearing need not be conducted according to technical rules relating to evidence and witnesses.

(4) All witnesses testifying before the Administrator of Apprenticeship shall testify under oath.

(5) A full transcript of the hearing shall be taken by a qualified person.

(c) The Administrator of Apprenticeship or his/her duly authorized representative may conduct the investigation, hold the hearing, and decide on the complaint. The Administrator of Apprenticeship may however, delegate, or authorize a representative only to hold a hearing and to report, reserving the authority to decide on the complaint. In that case, the duly authorized representative shall hold a hearing and submit to the Administrator of Apprenticeship the entire record of the hearing together with his/her written recommendations. The Administrator of Apprenticeship shall read the record and the written recommendations before deciding on the complaint.

(d) In deciding on the complaint, the Administrator of Apprenticeship or his/her duly authorized representative shall prepare a statement of findings of fact, make a 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.

NOTE: Authority cited: Section 3071, Labor Code. Reference: Sections 3081 and 3082, Labor Code.

HISTORY

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).