Cal. Code Regs. Tit. 8, § 20282 - Exceptions to the Administrative Law Judge's Decision
(a) Within 20 days after the service of the
decision of the administrative law judge, or within such other period as the
executive secretary may direct, any party may file with the executive secretary
for submission to the Board exceptions to the decision or any other part of the
proceedings, with a brief in support of the exceptions, accompanied by proof of
service, as provided in sections
20160,
20164,
20166, and
20169.
(1) The exceptions shall state the ground for
each exception, identify by page number that part of the administrative law
judge's decision to which exception is taken, and cite to those portions of the
record which support the exception.
(2) A brief in support of exceptions which
exceeds 20 pages shall contain a table of contents and a table of authorities
cited. No brief shall exceed 50 pages in length, except that upon prior request
the executive secretary may permit longer briefs when necessary. The table of
contents and the table of authorities cited shall not be counted as part of the
50 pages. If a post-hearing brief is incorporated by reference, the portions
incorporated shall be identified by page number and shall count as part of the
50-page limitation on the brief in support of exceptions.
(b) Within 10 days following the filing of
exceptions or within such other period as the executive secretary may direct, a
party opposing the exceptions may file with the executive secretary for
submission to the Board a brief answering the exceptions. An answering brief
that exceeds 20 pages shall contain a table of contents and a table of
authorities cited. This brief shall not exceed 50 pages in length, except that
upon prior request the executive secretary may permit longer briefs when
necessary. The table of contents and the table of authorities cited shall not
be counted as part of the 50 pages. The answering brief shall be filed and
served in accordance with sections
20160,
20166, and
20169.
(c) No further brief shall be filed except as
requested by the Board. No extensions of time will be given to file exceptions
or briefs except in extraordinary circumstances. Unless permission to file a
brief exceeding the page limitations specified in subdivisions (a)(2) and (b)
has been obtained from the executive secretary in advance, only the first 50
pages of exceptions briefs and answering briefs shall be accepted and filed.
Anything in excess of 50 pages will not be considered by the Board.
(d) No matter not included in the exceptions
filed with the Board may thereafter be raised by any party before the
Board.
Notes
2. Amendment filed 8-28-81; effective thirtieth day thereafter (Register 81, No. 35).
3. Editorial correction of NOTE filed 2-16-83 (Register 83, No. 8).
4. Amendment of subsections (a) and (b) filed 9-20-91; operative 10-21-91 (Register 92, No. 4).
5. Amendment of subsections (a) and (a)(1) filed 7-8-99; operative 8-7-99 (Register 99, No. 28).
6. Amendment of subsections (a), (b) and (d) 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), (b) and (c) filed 8-29-2023; operative 10/1/2023 (Register 2023, No. 35).
Note: Authority cited: Section 1144, Labor Code. Reference: Section 1160.3, Labor Code.
2. Amendment filed 8-28-81; effective thirtieth day thereafter (Register 81, No. 35).
3. Editorial correction of Note filed 2-16-83 (Register 83, No. 8).
4. Amendment of subsections (a) and (b) filed 9-20-91; operative 10-21-91 (Register 92, No. 4).
5. Amendment of subsections (a) and (a)(1) filed 7-8-99; operative 8-7-99 (Register 99, No. 28).
6. Amendment of subsections (a), (b) and (d) filed 5-23-2017; operative
7. Amendment of subsections (a), (b) and (c) filed 8-29-2023; operative
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(a) Within 20 days after the service of the decision of the administrative law judge, or within such other period as the executive secretary may direct, any party may file with the executive secretary for submission to the Board the original and seven copies of exceptions to the decision or any other part of the proceedings, with an original and seven copies of a brief in support of the exceptions, accompanied by proof of service, as provided in section 20160, 20166 and 20169.
(1) The exceptions shall state the ground for each exception, identify by page number that part of the administrative law judge's decision to which exception is taken, and cite to those portions of the record which support the exception.
(2) A brief in support of exceptions which exceeds 20 pages shall contain a table of contents and a table of authorities cited. No brief shall exceed 50 pages in length, except that upon prior request the executive secretary may permit longer briefs when necessary. The table of contents and the table of authorities cited shall not be counted as part of the 50 pages. If a post-hearing brief is incorporated by reference, the portions incorporated shall be identified by page number and shall count as part of the 50-page limitation on the brief in support of exceptions.
(b) Within ten (10) days following the filing of exceptions or within such other period as the executive secretary may direct, a party opposing the exceptions may file with the executive secretary for submission to the Board, an original and (7) seven copies of a brief answering the exceptions. An answering brief that exceeds 20 pages shall contain a table of contents and a table of authorities cited. This brief shall not exceed 50 pages in length, except that upon prior request the executive secretary may permit longer briefs when necessary. The table of contents and the table of authorities cited shall not be counted as part of the 50 pages. The answering brief shall be filed and served in accordance with sections 20160, 20166 and 20169.
(c) No further brief shall be filed except as requested by the Board. No extensions of time will be given to file exceptions or briefs except in extraordinary circumstances. Unless permission to file a brief exceeding the page limitations specified in subsection (a)(2) and (b) above has been obtained from the executive secretary in advance, only the first 50 pages of exceptions briefs and answering briefs shall be accepted and filed. Anything in excess of 50 pages will be returned to the party and will not be considered by the Board.
(d) No matter not included in the exceptions filed with the Board may thereafter be raised by any party before the Board.
Notes
Note: Authority cited: Section 1144, Labor Code. Reference: Section 1160.3, Labor Code.
2. Amendment filed 8-28-81; effective thirtieth day thereafter (Register 81, No. 35).
3. Editorial correction of Note filed 2-16-83 (Register 83, No. 8).
4. Amendment of subsections (a) and (b) filed 9-20-91; operative 10-21-91 (Register 92, No. 4).
5. Amendment of subsections (a) and (a)(1) filed 7-8-99; operative 8-7-99 (Register 99, No. 28).
6. Amendment of subsections (a), (b) and (d) filed 5-23-2017; operative