California Code of Regulations
Title 8 - Industrial Relations
Division 2 - Agricultural Labor Relations Board
Chapter 2 - Unfair Labor Practice Regulations
Section 20282 - Exceptions to the Administrative Law Judge's Decision

Universal Citation: 8 CA Code of Regs 20282

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) Within 20 days after the service of the decision of the administrative law judge, or within such other period as the executive secretary may direct, any party may file with the executive secretary for submission to the Board exceptions to the decision or any other part of the proceedings, with a brief in support of the exceptions, accompanied by proof of service, as provided in sections 20160, 20164, 20166, and 20169.

(1) The exceptions shall state the ground for each exception, identify by page number that part of the administrative law judge's decision to which exception is taken, and cite to those portions of the record which support the exception.

(2) A brief in support of exceptions which exceeds 20 pages shall contain a table of contents and a table of authorities cited. No brief shall exceed 50 pages in length, except that upon prior request the executive secretary may permit longer briefs when necessary. The table of contents and the table of authorities cited shall not be counted as part of the 50 pages. If a post-hearing brief is incorporated by reference, the portions incorporated shall be identified by page number and shall count as part of the 50-page limitation on the brief in support of exceptions.

(b) Within 10 days following the filing of exceptions or within such other period as the executive secretary may direct, a party opposing the exceptions may file with the executive secretary for submission to the Board a brief answering the exceptions. An answering brief that exceeds 20 pages shall contain a table of contents and a table of authorities cited. This brief shall not exceed 50 pages in length, except that upon prior request the executive secretary may permit longer briefs when necessary. The table of contents and the table of authorities cited shall not be counted as part of the 50 pages. The answering brief shall be filed and served in accordance with sections 20160, 20166, and 20169.

(c) No further brief shall be filed except as requested by the Board. No extensions of time will be given to file exceptions or briefs except in extraordinary circumstances. Unless permission to file a brief exceeding the page limitations specified in subdivisions (a)(2) and (b) has been obtained from the executive secretary in advance, only the first 50 pages of exceptions briefs and answering briefs shall be accepted and filed. Anything in excess of 50 pages will not be considered by the Board.

(d) No matter not included in the exceptions filed with the Board may thereafter be raised by any party before the Board.

1. Amendment of subsection (a) filed 3-14-78; effective thirtieth day thereafter (Register 78, No. 11).
2. Amendment filed 8-28-81; effective thirtieth day thereafter (Register 81, No. 35).
3. Editorial correction of NOTE filed 2-16-83 (Register 83, No. 8).
4. Amendment of subsections (a) and (b) filed 9-20-91; operative 10-21-91 (Register 92, No. 4).
5. Amendment of subsections (a) and (a)(1) filed 7-8-99; operative 8-7-99 (Register 99, No. 28).
6. Amendment of subsections (a), (b) and (d) filed 5-23-2017; operative 5-23-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 21).
7. Amendment of subsections (a), (b) and (c) filed 8-29-2023; operative 10/1/2023 (Register 2023, No. 35).

Note: Authority cited: Section 1144, Labor Code. Reference: Section 1160.3, Labor Code.

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