Cal. Code Regs. Tit. 8, § 20290 - Initiation of Compliance Proceedings

(a) If it appears that a controversy exists with respect to the compliance with a Board order, a court decree enforcing a Board order, or an administrative law judge's decision which has become final, and such controversy cannot be resolved without a formal proceeding, the regional director shall issue in the name of the Board and serve on all parties a compliance specification as provided in subsections (a), (b), (c) or (d) of section 20291. The specification shall be consistent with precedent under the Act and shall contain, or be accompanied by, a notice of hearing. In the alternative and in appropriate circumstances, the regional director shall issue and serve on the parties a notice of hearing without a specification as provided in section 20291(e). The notice of hearing with or without specification may provide for a hearing to be held before an administrative law judge not less than fifteen (15) days after the service of the notice; it shall be filed with the executive secretary and served on each party as provided in sections 20160 and 20164.

(b) Whenever the regional director deems it appropriate in order to effectuate the purposes and policies of the Act or to avoid unnecessary costs and delay, he or she may consolidate with a complaint and notice of hearing issued pursuant to section 20220, a compliance specification based on that complaint. After the opening of the pre-hearing conference, consolidation shall be subject to approval of the administrative law judge or the Board as provided in section 20244. Issuance of a compliance specification shall not be a prerequisite or bar to Board initiation of proceedings in an administrative or judicial forum which the Board or regional director determines to be appropriate for obtaining compliance with a Board order.

Notes

Cal. Code Regs. Tit. 8, § 20290

Note: Authority cited: Section 1144, Labor Code. Reference: Section 1160.3, Labor Code.

1. New section filed 1-26-79; effective thirtieth day thereafter (Register 79, No. 4).
2. Amendment filed 12-31-82; effective thirtieth day thereafter (Register 83, No. 1).
3. Editorial correction of NOTE filed 2-16-83 (Register 83, No. 8).
4. Repealer and new section filed 9-20-91; operative 10-21-91 (Register 92, No. 4).