California Code of Regulations
Title 8 - Industrial Relations
Division 2 - Agricultural Labor Relations Board
Chapter 4 - Mandatory Mediation and Conciliation
Section 20401 - Answer to Declaration

Universal Citation: 8 CA Code of Regs 20401

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

(a) Within three days of service of a declaration, the other party to the collective bargaining relationship (or alleged bargaining relationship) may file an answer to the declaration. The answer shall be served and filed in accordance with sections 20160, 20166, and 20169. The answer shall be signed under penalty of perjury by an authorized representative of the filing party and shall identify any statements in the declaration that are disputed. In addition, the answer shall be accompanied by any documentary or other supporting evidence. If it is claimed that the employer has not engaged 25 or more agricultural employees during any calendar week in the year preceding the filing of the declaration seeking referral to mandatory mediation, payroll records sufficient to support the claim shall be submitted with the answer. Payroll records shall be submitted in electronic form if kept in that form in the normal course of business.

(b) All statements in a declaration that are not expressly denied in the answer shall be deemed admitted.

1. New section filed 5-7-2003; operative 5-7-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 19).
2. Amendment of subsection (a) filed 5-23-2017; operative 5-23-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 21).
3. Amendment of subsection (a) filed 8-29-2023; operative 10/1/2023 (Register 2023, No. 35).

Note: Authority cited: Section 1144, Labor Code. Reference: Sections 1164, 1164.11 and 1164.12, Labor Code.

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