§ 20251. Immunity.

(a) A party intending to call a witness who it believes will, pursuant to a claim of privilege against self-incrimination, refuse to testify or to produce evidence, and for whom the party intends to request, pursuant to section 1151.2(b) of the Act, immunity from prosecution, shall file with the executive secretary a request that the Board grant immunity and direct the witness to testify.

(1) The request shall be filed with the executive secretary no later than 15 days prior to the time specified for compliance with the subpoena, or, if the witness is scheduled to appear at hearing, 15 days prior to the scheduled commencement of the hearing.

(2) A request for a grant of immunity shall contain the following information: the case name and number; the name of the witness; the details of any criminal prosecution currently pending against that witness; the name and address of the district attorney and United States Attorney of each county or district who may have reasonable grounds for objecting to a grant of immunity, including, but not limited to, the district attorney or United States Attorney for any county or district in which a criminal prosecution is currently pending against the witness and the district attorney or United States Attorney for the county or district in which the events to which the witness will testify occurred; why the grant of immunity to the witness will further the purposes and policies of the Act; and any other argument in support of its request that it wishes to make. A copy of the subpoena and any accompanying declaration shall be attached to the request.

(3) Immediately upon receipt of a request for a grant of immunity the executive secretary shall forward a copy of it by certified or registered mail to the California Attorney General and to the district attorney and United States Attonrey of each county or district who may have grounds for objecting to the grant of immunity. The request shall otherwise remain confidential unless and until the witness is called to testify.

Within 10 days of the date on which the executive secretary serves the request, the California Attorney General, a district attorney or a United States Attorney who wishes to oppose the granting of immunity to the witness shall do so by filing a statement in opposition to the grant of immunity with the executive secretary. The statement shall contain a declaration that the prosecuting authority is familiar with the substance of the request and shall set forth the grounds for opposing the grant of immunity.

(b) Immunity may be granted only if no appropriate prosecuting authority has presented reasonable grounds for denying immunity and the testimony sought appears likely to contribute materially to resolution of the issues in the case. A ruling on a request for immunity may be immediately appealed to the Board pursuant to section 20242.

(c) After commencement of a hearing, if a witness refuses to testify, claiming the privilege against self-incrimination, a party may request that the witness be granted immunity from prosecution and compelled to testify, if that party establishes that it could not, with due diligence, have known prior to the hearing that the witness was likely to claim the privilege against self-incrimination.

A request for a grant of immunity made for the first time during a hearing must be submitted in writing to the administrative law judge or investigative hearing examiner conducting the hearing and must contain the information specified in subsection (a)(2), above. The administrative law judge shall immediately forward such a request to the executive secretary for disposition by the Board and shall proceed with the hearing by taking the testimony of other witnesses if to do so appears feasible. The administrative law judge or investigative hearing examiner may order a continuance of the hearing pending disposition by the Board of a request for a grant of immunity.

HISTORY

1. New section filed 8-28-81; effective thirtieth day thereafter (Register 81, No. 35).

2. Editorial correction of subsection (c) (Register 81, No. 46).

3. Amendment of subsection (b) filed 9-20-91; operative 10-21-91 (Register 92, No. 4).

4. Amendment of subsections (a)(2), (a)(3), (b) and (c) filed 7-8-99; operative 8-7-99 (Register 99, No. 28).

Note

Note: Authority cited: Section 1144, Labor Code. Reference: Section 1151.2, Labor Code.