§263. Investigations, Holding of Hearings and Determinations.

(a) The Administrator of Apprenticeship, upon the timely receipt or issuance of a complaint under Section 262, 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. 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 in writing in accordance with the Code of Civil Procedure Sections 1013a and 2015.5 of his/her determination to dismiss the complaint.

(b) If the matter is not dismissed, withdrawn or settled satisfactorily, the Administrator of Apprenticeship shall hold a hearing in accordance with the following procedure: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 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 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 in writing in accordance with the Code of Civil Procedure Sections 1013a and 2015.5 of the decision and of any action taken.

NOTE Authority cited: Section 3071, Labor Code. Reference: Sections 3081, 3082, 3090 and 3093, Labor Code.

HISTORY

1. Repealer filed 9-27-82; effective thirtieth day thereafter (Register 82, No. 40).

2. Renumbering and amendment of former section 252 to new section 263 filed 5-12-98; operative 6-11-98 (Register 98, No. 20).