Section 20408 - Board Review of the Mediator's Report(a) Within seven days of the filing of first or second report by the mediator, either party may file a petition for review of the report. The petition shall be served and filed in accordance with sections 20160, 20166, and 20169. The petition shall be based on any one or more of the grounds set forth in Labor Code section 1164.3(a) or (e). The petitioning party shall specify the particular provisions of the mediator's report for which it is seeking review, shall specify the specific grounds authorizing review, and shall cite the portions of the record that support the petition. In the event the petition is based on the grounds set forth in Labor Code section 1164.3(e), the petitioning party may attach declarations that describe pertinent events that took place off the record, if necessary to establish the grounds for review stated in the petition.(b) The Board shall issue a decision on the petition in accordance with Labor Code section 1164.3. Where the petition is based on the grounds specified in Labor Code section 1164.3(e), and the Board determines that there are material facts in dispute that are outside the official record of the mediation, the Board may order an expedited evidentiary hearing to resolve the dispute, to be conducted in accordance with the procedures set forth in section 20402.(c) Where the Board orders additional mediation pursuant to Labor Code section 1164.3(c), the mediation shall commence within 30 days of the issuance of the Board's order, or as soon as practical.Cal. Code Regs. Tit. 8, § 20408
1. New section filed 5-7-2003; operative 5-7-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 19).
2. Amendment of subsections (a)-(b) filed 5-23-2017; operative 5-23-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 21).
3. Amendment filed 8-29-2023; operative 10/1/2023 (Register 2023, No. 35). Note: Authority cited: Section 1144, Labor Code. Reference: Section 1164.3, Labor Code.
1. New section filed 5-7-2003; operative 5-7-2003 pursuant to Government Code section 11343.4(Register 2003, No. 19).
2. Amendment of subsections (a)-(b) filed 5-23-2017; operative 5/23/2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 21).
3. Amendment filed 8-29-2023; operative 10/1/2023 (Register 2023, No. 35).