Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The general counsel shall investigate the allegations of the complaint to determine whether the accused organization is a bona fide labor organization. The general counsel may propound interrogatories or issue subpoenas pursuant to this section at any time that is five days after the general counsel serves notice of the filing of the complaint upon the accused licensee and organization.
(b) Interrogatories. The general counsel may propound interrogatories to the accused licensee or organization to be answered under oath. Interrogatories shall be relevant to allegations that the accused organization is not a bona fide labor organization and may not total more than 10 interrogatories to each the licensee and organization. Any party to whom interrogatories have been propounded shall serve their responses thereto within 10 days after service of the interrogatories. Where a party fails to respond to interrogatories within the time allowed for doing so, the general counsel may presume such failure is attributable to the fact that the information sought, if produced, would be adverse to the interests of the responding party. A party who fails to respond to interrogatories properly served by the general counsel may not thereafter rely on any materials in support of its defense, or to rebut any presumption relied upon by the general counsel pursuant to this paragraph, that was responsive to an interrogatory and which was not produced.
(c) Subpoenas. The general counsel may issue and serve subpoenas requiring the attendance and testimony of witnesses or the production by persons at the licensee's or organization's place of business, or such other location as mutually agreed to by the licensee or organization and general counsel, of any documents or things in their possession or under their control.
(1) The subpoena shall show on its face the name, address, and telephone number of the general counsel or the general counsel's agent who has issued the subpoena. A copy of a declaration under penalty of perjury shall be served with a subpoena duces tecum showing good cause for the production of the matters and things described in the subpoena. The declaration shall show specific facts justifying discovery and that the materials are relevant to the subject matter of the investigation or reasonably calculated to lead to the discovery of admissible evidence.
(2) Service of subpoenas shall be made consistent with the provisions of Labor Code section 1151.4(a) or by certified mail. The service must be made so as to allow the witness a reasonable time for preparation and travel to the place of attendance. Witnesses shall be entitled to fees in accordance with Labor Code section 1151.4(a).
(3) Any person on whom an investigative subpoena is served who does not intend to comply shall, within five days after the date of service, petition in writing to revoke the subpoena. Such petition shall explain with particularity the grounds for objecting to each item covered by the petition. The petition to revoke shall be served upon the general counsel and the general counsel's agent who issued the subpoena. The petition to revoke shall be filed with the executive secretary. When a person under subpoena objects to any request for production of materials on the basis of a claim of privilege or that the information sought is protected work product, the petition shall state specifically the privilege asserted and shall include a privilege log providing sufficient information for the general counsel to evaluate the merits of such claims.
(4) The executive secretary, or an administrative law judge to whom the executive secretary has delegated authority under this subdivision, shall revoke the subpoena if the materials required to be produced do not relate to any matter under investigation, or the subpoena does not describe with sufficient particularity the materials whose production is required, or the testimony or records sought are privileged or confidential or deal with a matter not subject to review, or the subpoena is otherwise invalid. A simple statement of the grounds for the ruling on the petition shall accompany the ruling. Adverse rulings may be appealed to the Board within five days after the date of service of the ruling.
(5) Upon any other failure of any person to comply with a subpoena, the general counsel may presume such failure is attributable to the fact that the testimony or materials sought, if produced, would be adverse to the interests of the subpoenaed party. A subpoenaed party who fails to comply with a subpoena may not thereafter rely on any materials in support of its defense, or to rebut any presumption relied upon by the general counsel pursuant to this paragraph, that was responsive to the subpoena and which was not produced.
Note: Authority cited: Section 26051.5, Business and Professions Code. Reference: Section 26051.5, Business and Professions Code.
