Section 20219 - Review of Dismissals(a) Within 10 days of the date of service of a dismissal, the charging party may file a request with the general counsel for review of the decision dismissing the charge. The request for review shall specifically state all reasons why the decision should be reviewed. If the charge was dismissed for lack of evidence, the charging party may provide additional evidence in support of the charge accompanied by a showing of the reasons why such evidence was not previously presented to the regional director. If the charge was dismissed for failure to legally constitute an unfair labor practice, the charging party shall provide legal authority in support of its position that the evidence constitutes an unfair labor practice. The request for review and all supporting documents shall be served upon the charged party and the regional director as provided in sections 20166 and 20169.(b) In situations where the charging party is an agricultural employee who is not represented by counsel or other representative with respect to the charge, if the charging party has not timely requested review of a dismissal, the general counsel may grant review of the regional director's dismissal sua sponte within 10 days from the date a request for review would have been due. The general counsel shall provide notice to both the charging and charged parties when the general counsel has granted sua sponte review of a dismissal.(c) Within 10 days from the filing of a request for review or from the date the general counsel provides notice of granting sua sponte review, the charged party may file a statement in opposition with service on the charging party as provided in sections 20166 and 20169.(d) Extensions of time to file a request for review or a statement in opposition may be requested in accordance with section 20192, except that such requests shall be directed to and ruled upon by the general counsel.(e) Where a request for review has been filed or the general counsel has granted sua sponte review, the general counsel may request an oral presentation from the parties. The general counsel may affirm the decision of the regional director, remand for further consideration or evidence, or issue a complaint.Cal. Code Regs. Tit. 8, § 20219
1. Amendment filed 3-14-78; effective thirtieth day thereafter (Register 78, No. 11).
2. Editorial correction adding NOTE filed 2-16-83 (Register 83, No. 8).
3. Amendment of section filed 9-20-91; operative 10-21-91 (Register 92, No. 4).
4. Amendment of first paragraph and NOTE filed 7-8-99; operative 8-7-99 (Register 99, No. 28).
5. Amendment of section and NOTE filed 8-29-2023; operative 10/1/2023 (Register 2023, No. 35). Note: Authority cited: Section 1144, Labor Code. Reference: Sections 1149, 1151.4, 1160.2 and 1160.5, Labor Code.
1. Amendment filed 3-14-78; effective thirtieth day thereafter (Register 78, No. 11).
2. Editorial correction adding NOTE filed 2-16-83 (Register 83, No. 8).
3. Amendment of section filed 9-20-91; operative 10-21-91 (Register 92, No. 4).
4. Amendment of first paragraph and Note filed 7-8-99; operative 8-7-99 (Register 99, No. 28).
5. Amendment of section and NOTE filed 8-29-2023; operative 10/1/2023 (Register 2023, No. 35).