Cal. Code Regs. Tit. 8, § 20236 - Matters Discoverable
(a)
Upon written request, a party to a hearing is entitled to obtain from any other
party to the hearing the names, addresses and any statements (as defined in
section 20274(b)) of all
witnesses, other than those whose primary source of income is non-supervisory
employment in agriculture; provided, however, that any portion of a statement
likely to identify a potential witness whose primary source of income is
non-supervisory employment in agriculture shall be excised.
(b) Upon written request, a party to a
hearing is entitled to obtain from any other party to the hearing the name,
address, field of expertise, qualifications, and a brief description of
expected testimony of any expert whom it intends to call as a witness. The
responding party shall also make available any report prepared for it by such
expert concerning the subject matter of the testimony to be given. The failure,
without good cause, to comply with the requirements of this subdivision shall
be grounds for excluding such expert testimony.
(c) Upon written request, a party to a
hearing shall be afforded a reasonable opportunity to examine, inspect and
copy, and, where appropriate, to photograph and/or test, any writing or
physical evidence in the possession or control of the party to the hearing to
whom the request is directed which that party intends to introduce into
evidence at hearing; provided, however, that any portion of a writing which
identifies a potential witness whose primary source of income is
non-supervisory employment in agriculture shall be excised, except that this
proviso shall not apply to otherwise unprotected or unprivileged business
records. Where the writing or physical evidence to be introduced is not yet in
the possession or control of the responding party, it shall be identified with
reasonable specificity. A party that objects to a request under this
subdivision on the basis of a claim of privilege or that the information sought
is protected work product shall state specifically the privilege asserted and
shall include a privilege log providing sufficient information for other
parties to evaluate the merits of such claims.
(d) Upon written request, general counsel
shall disclose to respondent any evidence which is purely and clearly
exculpatory.
(e) In compliance
proceedings, the general counsel shall , upon written request, make available to
the requesting party to the hearing all information in its files, which tends
to verify, clarify or contradict the items and amounts alleged in the backpay
or bargaining makewhole specification unless the information is absolutely
privileged, e.g., income tax returns, form W-2 (wage and tax statement), ...
etc.
Notes
2. Amendment of subsections (b) and (c) filed 8-29-2023; operative 10/1/2023 (Register 2023, No. 35).
Note: Authority cited: Section 1144, Labor Code. Reference: Sections 1160.2 and 1160.3, Labor Code.
2. Amendment of subsections (b) and (c) filed 8-29-2023; operative
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(a) Upon written request, a party to a hearing is entitled to obtain from any other party to the hearing the names, addresses and any statements (as defined in section 20274(b)) of all witnesses, other than those whose primary source of income is non-supervisory employment in agriculture; provided, however, that any portion of a statement likely to identify a potential witness whose primary source of income is non-supervisory employment in agriculture shall be excised.
(b) Upon written request, a party to a hearing is entitled to obtain from any other party to the hearing the name, address, field of expertise, qualifications, and a brief description of expected testimony of any expert whom it intends to call as a witness. The responding party shall also make available any report prepared for it by such expert concerning the subject matter of the testimony to be given. The failure, without good cause, to comply with the requirements of this subsection shall be grounds for excluding such expert testimony.
(c) Upon written request, a party to a hearing shall be afforded a reasonable opportunity to examine, inspect and copy, and, where appropriate, to photograph and/or test, any writing or physical evidence in the possession or control of the party to the hearing to whom the request is directed which that party intends to introduce into evidence at hearing; provided, however, that any portion of a writing which identifies a potential witness whose primary source of income is non-supervisory employment in agriculture shall be excised, except that this proviso shall not apply to otherwise unprotected or unprivileged business records. Where the writing or physical evidence to be introduced is not yet in the possession or control of the responding party, it shall be identified with reasonable specificity.
(d) Upon written request, general counsel shall disclose to respondent any evidence which is purely and clearly exculpatory.
(e) In compliance proceedings, the general counsel shall, upon written request, make available to the requesting party to the hearing all information in its files, which tends to verify, clarify or contradict the items and amounts alleged in the backpay or bargaining makewhole specification unless the information is absolutely privileged, e.g., income tax returns, form W-2 (wage and tax statement), . . . etc.
Notes
Note: Authority cited: Section 1144, Labor Code. Reference:Sections 1160.2 and 1160.3, Labor Code.