Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(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.
1. Amendment filed 8-27-76; effective thirtieth day thereafter (Register 76, No. 35).
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.
