California Code of Regulations
Title 8 - Industrial Relations
Division 2 - Agricultural Labor Relations Board
Chapter 2 - Unfair Labor Practice Regulations
Section 20251 - Immunity
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) A party intending to call a witness who it believes will, pursuant to a claim of privilege against self-incrimination, refuse to testify or to produce evidence, and for whom the party intends to request, pursuant to section 1151.2(b) of the Act, immunity from prosecution, shall file with the executive secretary a request that the Board grant immunity and direct the witness to testify.
Within 10 days of the date on which the executive secretary serves the request, the California Attorney General, a district attorney or a United States Attorney who wishes to oppose the granting of immunity to the witness shall do so by filing a statement in opposition to the grant of immunity with the executive secretary. The statement shall contain a declaration that the prosecuting authority is familiar with the substance of the request and shall set forth the grounds for opposing the grant of immunity.
(b) Immunity may be granted only if no appropriate prosecuting authority has presented reasonable grounds for denying immunity and the testimony sought appears likely to contribute materially to resolution of the issues in the case. A ruling on a request for immunity may be immediately appealed to the Board pursuant to section 20242.
(c) After commencement of a hearing, if a witness refuses to testify, claiming the privilege against self-incrimination, a party may request that the witness be granted immunity from prosecution and compelled to testify, if that party establishes that it could not, with due diligence, have known prior to the hearing that the witness was likely to claim the privilege against self-incrimination.
A request for a grant of immunity made for the first time during a hearing must be submitted in writing to the administrative law judge or investigative hearing examiner conducting the hearing and must contain the information specified in subsection (a)(2), above. The administrative law judge shall immediately forward such a request to the executive secretary for disposition by the Board and shall proceed with the hearing by taking the testimony of other witnesses if to do so appears feasible. The administrative law judge or investigative hearing examiner may order a continuance of the hearing pending disposition by the Board of a request for a grant of immunity.
1. New section filed 8-28-81; effective thirtieth day thereafter (Register 81, No. 35).
2. Editorial correction of subsection (c) (Register 81, No. 46).
3. Amendment of subsection (b) filed 9-20-91; operative 10-21-91 (Register 92, No. 4).
4. Amendment of subsections (a)(2), (a)(3), (b) and (c) filed 7-8-99; operative 8-7-99 (Register 99, No. 28).
Note: Authority cited: Section 1144, Labor Code. Reference: Section 1151.2, Labor Code.