Section 20750 - Receipt of Prohibited Communications; Reporting Requirements(a) Any Board employee of the categories defined in Section 20720(b) to whom a prohibited oral communication is attempted to be made shall refuse to listen to the communication, inform the communicator of this rule, and advise him or her that if he or she has anything to say it should be said in writing with copies to the parties. Any such Board employee who receives a written communication which he or she has reason to believe is prohibited by this chapter shall promptly forward such communication to the office of the executive secretary if the proceeding is then pending before the Board or before an administrative law judge, or to the regional director involved if the proceeding is then pending before him or her. If the circumstances in which the prohibited communication was made are not apparent from the communication itself, a statement describing those circumstances shall also be submitted. The executive secretary or the regional director to whom such a communication is forwarded shall then place the communication in the public file maintained by the agency and shall serve copies of the communication on all other parties to the proceeding and attorneys of record for the parties. Within 10 days after the mailing of such copies, any party may file with the executive secretary or regional director serving the communication, and serve on all other parties, a statement setting forth facts or contentions to rebut those contained in the prohibited communication.(b) Upon appropriate motion to the regional director, or the administrative law judge, or the Board, before whom the proceeding is pending, under circumstances in which such presiding authority shall determine that the dictates of fairness so require, the prohibited communication and response thereto may be made part of the record of the proceeding, and provision made for any further action including reopening of the record, which may be required under the circumstances. No action taken pursuant to this provision shall constitute a waiver of the power of the Board to impose an appropriate penalty under Section 20760.Cal. Code Regs. Tit. 8, § 20750
1. Amendment of subsections (a) and (b) and new NOTE filed 7-8-99; operative 8-7-99 (Register 99, No. 28). Note: Authority cited: Section 1144, Labor Code. Reference: Sections 1151, 1156.3 and 1160.2, Labor Code.
1. Amendment of subsections (a) and (b) and new Note filed 7-8-99; operative 8-7-99 (Register 99, No. 28).