Section 20363 - Post-Election Determination of Challenges(a) If the tally of ballots discloses that the unresolved challenged ballots are sufficient in number to affect the outcome of the election, the regional director shall, within two (2) working days, forward to the Board all challenged ballot declarations and all other evidence in the regional director's possession relevant to the eligibility of the challenged voters and shall serve the same on all parties to the election. However, should the evidence include any declarations or statements of non-supervisory agricultural employees other than those of the challenged voters, the regional director shall serve on the parties only a summary of such declarations, prepared in a manner that does not reveal the identity of the declarants. Within 10 days of service of the challenged ballot declarations and other evidence, the parties may file with the executive secretary, as agent of the Board, and serve on all other parties to the election, declarations and/or documentary evidence in support of their positions as to the eligibility of the challenged voters, accompanied by argument explaining their positions and the relevance of the proffered evidence. The 21-day period set forth in Labor Code section 1156.3 (i)(1)(A)(i) shall run from receipt by the Board of the evidence submitted by all parties, or the expiration of the 10-day period to submit evidence, whichever occurs first. Within five days of service of the other parties' evidence and argument, any party may file argument in response. Filing and service shall be in accordance with sections 20160, 20164, 20166, and 20169. At any time after the tally of ballots and prior to the issuance of its decision resolving challenges and/or setting them for hearing, the Board may request that the appropriate regional director conduct such investigation as the Board deems necessary. Any evidence obtained as a result of such investigation shall be submitted to the Board and served on the parties in the same manner as specified above.(b) The Board shall, after considering the evidence and the parties' arguments, determine which challenges may be resolved thereon and which require the resolution of material factual disputes, and thus must be set for an evidentiary hearing in accordance with section 20370.(c) In serving declarations and supporting documents on other parties pursuant to subdivision (a), the parties shall have the option of serving a detailed statement of facts in lieu of the declarations. This detailed statement of facts shall describe the contents of declarations in sufficient detail to allow an opposing party to secure its own witnesses and otherwise prepare itself to counter the evidence at an evidentiary hearing. A party electing to serve a detailed statement of facts on other parties shall also file the statement with the executive secretary together with the declarations.(d) The record before the Board shall consist of: the election petition, the notice and direction of election, the tally of ballots, the evidence and argument submitted by the parties, and the declarations and other evidence forwarded by the regional director.Cal. Code Regs. Tit. 8, § 20363
1. New subsection (c) filed 1-26-79; effective thirtieth day thereafter (Register 79, No. 4).
2. Change without regulatory effect amending subsection (b) filed 11-4-91 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 12).
3. New subsection (c), subsection relettering and amendment of NOTE filed 5-9-2002; operative 6-8-2002 (Register 2002, No. 19).
4. Amendment of subsections (a), (b) and (d) filed 4-18-2007; operative 5-18-2007 (Register 2007, No. 16).
5. Amendment of section and NOTE filed 5-2-2012; operative 5-2-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 18).
6. 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).
7. Amendment of subsections (a) and (c) filed 8-29-2023; operative 10/1/2023 (Register 2023, No. 35). Note: Authority cited: Section 1144, Labor Code. Reference: Sections 1156.3 and 1157, Labor Code.
1. New subsection (c) filed 1-26-79; effective thirtieth day thereafter (Register 79, No. 4).
2. Change without regulatory effect amending subsection (b) filed 11-4-91 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 12).
3. New subsection (c), subsection relettering and amendment of Note filed 5-9-2002; operative 6-8-2002 (Register 2002, No. 19).
4. Amendment of subsections (a), (b) and (d) filed 4-18-2007; operative 5-18-2007 (Register 2007, No. 16).
5. Amendment of section and Note filed 5-2-2012; operative 5-2-2012 pursuant to Government Code section 11343.4(Register 2012, No. 18).
6. 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).
7. Amendment of subsections (a) and (c) filed 8-29-2023; operative 10/1/2023 (Register 2023, No. 35).