California Code of Regulations
Title 8 - Industrial Relations
Division 2 - Agricultural Labor Relations Board
Chapter 7 - Prohibited Communications
Section 20760 - Penalties and Enforcement

Universal Citation: 8 CA Code of Regs 20760

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

(a) Upon notice and hearing, the Board may censure, suspend, or revoke the privilege of practice before the agency of any non-attorney who knowingly and willfully makes or solicits the making of a prohibited communication. However, before the Board institutes formal proceedings under this section, it shall first advise the person or persons concerned in writing that it proposes to take such action and that they may show cause, within a period to be stated in such written advice, but not less than seven days from the date thereof, why it should not take such action. Attorneys who knowingly and willfully engage in conduct prohibited by this chapter shall be reported to the State Bar for disciplinary action.

(b) To the extent permitted by law, the Board may, under appropriate circumstances, deny or limit remedial measures otherwise available under the Act to any party who shall, directly or indirectly, knowingly and willfully make or solicit the making of a prohibited communication.

(c) The Board may censure, or, to the extent permitted by law, suspend, dismiss, or institute proceedings for the dismissal of any Board employee who knowingly and willfully violates the prohibitions and requirements of this chapter.

(d) A Board employee, as defined in section 20720, subdivision (b), who initiates a communication prohibited by this chapter, in addition to adhering to the reporting requirements of section 20750, shall disqualify himself or herself from participation in the action to which the prohibited communication relates.

1. Amendment filed 12-31-82; effective thirtieth day thereafter (Register 83, No. 1).
2. New subsection (d) and amendment of NOTE filed 11-1-99; operative 12-1-99 (Register 99, No. 45).

Note: Authority cited: Section 1144, Labor Code. Reference: Sections 1151, 1156.3 and 1160.2, Labor Code.

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