Cal. Code Regs. Tit. 8, § 20169 - Provisions for Use of Electronic Filing and Service of Documents

(a) In lieu of the methods of service provided for above, the Board or any of its agents may serve papers on parties and parties may file papers with the Board or any of its agents and serve them on other parties by means of electronic mail [email] under the following conditions:

(1) All documents may be served by email except for unfair labor practice charges and representation petitions.

(2) Electronic service of a document is authorized only when a party has agreed to accept service electronically in that action. A party indicates that the party agrees to accept electronic service by:

(A) Serving a notice on all parties that the party accepts electronic service and filing the notice with the Board. The notice must include the email address at which the party agrees to accept service; or

(B) Electronically filing any document in a case with the Board. The act of electronic filing is evidence that the party agrees to accept service of documents related to that case at the email address the party has furnished to the Board.

(3) The format and content of the document shall comply with sections 20150, Format of Pleadings and Papers, and 20155, Signing of Petitions, Pleadings, Motions, Applications, Requests, Responses, Briefs and Other Papers, and with the specific requirements of any other section of these regulations applicable to the particular matter involved.

(4) For a document to be considered received on the day in question, the electronic transmission must be time-stamped no later than 4:00 p.m. on that date.

(5) All documents filed by email must be in Portable Document Format (PDF) and cannot exceed 10 MB in file size. Documents larger than 10MB may be split into multiple files.

(6) The file name of any document filed by email must be in the following format: Year (followed by a dash) month (followed by a dash) day (followed by two spaces) followed by the name of the document from the caption on the face page of the document. For example, a document filed by email on March 12, 2016 would be named "2016-03-12 Respondent's Exceptions to the Decision of the Administrative Law Judge."

(b) Whenever "service" is required by the regulations, service shall be on all parties to the proceeding and may be served by email. Documents filed by email must include a copy of a proof of service. Where service is effected by the Board, copies shall also be served on each party in the manner provided for in section 20164 along with proof of service to that effect.

(c) The multiple copy requirements of section 20160, Place of Filing and Number of Copies to be Filed, are waived whenever documents are electronically served or filed.

(d) In order to facilitate prompt processing and consideration of filings, the Executive Secretary may require that certain filings be by email.

(e) Once a document filed by email is received and has been determined to have met requirements of subdivision (a)(5) and (6), a confirmation email will be sent to the email address on file by the close of the business day.

(f) The Board's website (www.alrb.ca.gov) contains a link to the email address to be used for filing documents electronically.

Notes

Cal. Code Regs. Tit. 8, § 20169

Note: Authority cited: Section 1144, Labor Code. Reference: Sections 1151.3, 1151.4(a), 1160.2, 1160.3 and 1160.5, Labor Code.

1. New section filed 5-23-2017; operative 5-23-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 21).