1. (a) If the Board has issued a decision finding the person named in the complaint has engaged or is engaging in an unfair labor practice and ordering the payment of a monetary remedy, the executive secretary shall immediately assign the matter to an administrative law judge for further proceedings to determine the specific amount of monetary relief owed. Assignment to the administrative law judge who previously heard the case is preferred, but not required if the original judge is not available.
2. (b) Within 90 days after the date of the Board's decision ordering the payment of a monetary remedy, or such further time as the Board may permit, the regional director shall file and serve on the parties a compliance specification as provided in section 20292, which 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 subdivision (d) of section 20292. The notice of hearing with or without specification may provide for a hearing to be held before the administrative law judge not less than 15 days after service of the notice, and shall be filed with the executive secretary and served on all parties.
3. (c) Each person alleged as a respondent in the specification or notice of hearing without specification shall file and serve an answer thereto within 15 days from the date of service of the specification or notice of hearing without specification. The answer shall state specifically which facts alleged in the specification or notice of hearing without specification are admitted, which are denied, and which are outside the knowledge of the respondent or any of its agents. Any allegation not expressly denied shall be deemed admitted. Except for matters not reasonably ascertainable by a respondent, a general denial or a denial on information and belief shall not suffice. As to such reasonably ascertainable matters, including, but not limited to, gross backpay, actual wages, comparable contract(s), and fringe benefits, if a respondent disputes either the accuracy of the facts or figures in the specification or the premises on which they are based, it shall specifically state the basis for its disagreement, setting forth in detail its position as to the applicable premises and furnishing the appropriate supporting facts and figures, including a specific alternative methodology for computing amounts owed should the respondent dispute the validity of the methodology used in the specification.
4. (d) If a respondent fails to file an answer within the time prescribed by this section, the administrative law judge may, either with or without taking evidence in support of the allegations, find the allegations of the specification or the notice of hearing without specification to be true and issue an appropriate recommended order. If a respondent files an answer, but fails to deny any allegation of the specification or notice of hearing without specification in the manner required by subsection (c) of this section, such allegation shall be deemed admitted and may be so found without the taking of evidence supporting such allegation, and the respondent shall be precluded from introducing any evidence controverting said allegation.
5. (e) Specifications, notices of hearings without specification, and answers to them may be amended in the same manner as complaints and answers to complaints. Specifications and notices of hearing without specification may be withdrawn in the same manner as complaints. After the issuance of a specification or notice of hearing without specification, the procedures provided for in sections 20235 through 20298 shall be followed so far as applicable.

Note: Authority cited: Section 1144, Labor Code. Reference: Sections 1149.3, 1160.3, 1160.8 and 1160.11, Labor Code.

History

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).

5. Amendment filed 8-29-2023; operative 10-1-2023 (Register 2023, No. 35).

6. Repealer and new section filed 4-7-2025; operative 4-7-2025 pursuant to Government Code section 11343.4(b)(3) (Register 2025, No. 15).