1151-1151.6

LABOR CODE
SECTION 1151-1151.6




1151.  For the purpose of all hearings and investigations, which, in
the opinion of the board, are necessary and proper for the exercise
of the powers vested in it by Chapters 5 (commencing with Section
1156) and 6 (commencing with Section 1160) of this part:
   (a) The board, or its duly authorized agents or agencies, shall at
all reasonable times have access to, for the purpose of examination,
and the right to copy, any evidence of any person being investigated
or proceeded against that relates to any matter under investigation
or in question. The members of the board or their designees or their
duly authorized agents shall have the right of free access to all
places of labor. The board, or any member thereof, shall upon
application of any party to such proceedings, forthwith issue to such
party subpoenas requiring the attendance and testimony of witnesses
or the production of any evidence in such proceeding or investigation
requested in such application. Within five days after the service of
a subpoena on any person requiring the production of any evidence in
his possession or under his control, such person may petition the
board to revoke, and the board shall revoke, such subpoena if in its
opinion the evidence whose production is required does not relate to
any matter under investigation, or any matter in question in such
proceedings, or if in its opinion such subpoena does not describe
with sufficient particularity the evidence whose production is
required. Any member of the board, or any agent or agency designated
by the board for such purposes, may administer oaths and
affirmations, examine witnesses, and receive evidence. Such
attendance of witnesses and the production of such evidence may be
required from any place in the state at any designated place of
hearing.
   (b) In case of contumacy or refusal to obey a subpoena issued to
any person, any superior court in any county within the jurisdiction
of which the inquiry is carried on, or within the jurisdiction of
which such person allegedly guilty of contumacy or refusal to obey is
found or resides or transacts business, shall, upon application by
the board, have jurisdiction to issue to such person an order
requiring such person to appear before the board, its member, agent,
or agency, there to produce evidence if so ordered, or there to give
testimony touching the matter under investigation or in question. Any
failure to obey such order of the court may be punished by such
court as a contempt thereof.



1151.2.  (a) No person shall be excused from attending and
testifying, or from producing books, records, correspondence,
documents, or other evidence in obedience to the subpoena of the
board, on the ground that the testimony or evidence required of him
may tend to incriminate him or subject him to a penalty or
forfeiture. However, no individual shall be prosecuted or subjected
to any penalty or forfeiture for or on account of any transaction,
matter, or thing concerning which he is compelled, after having
claimed his privilege against self-incrimination, to testify or
produce evidence, except that such individual so testifying shall not
be exempt from prosecution and punishment for perjury committed in
so testifying.
   (b) No individual shall be granted immunity pursuant to
subdivision (a) unless, at least 10 calendar days prior thereto, the
board has given written notice, by registered mail, to the district
attorney of each county who may have reasonable grounds for objecting
to such grant of immunity. Such notice shall specify the subject
matter of the inquiries to which the witness' answers are to be
immunized from use.
   The board may not grant immunity in any case where it finds that a
district attorney has reasonable grounds for objecting to such grant
of immunity provided that the board may disregard objections that
are not accompanied by the declaration of the district attorney that
he or she is familiar with the notice and which sets forth the
grounds for resisting such grant of immunity.




1151.3.  Any party shall have the right to appear at any hearing in
person, by counsel, or by other representative.



1151.4.  (a) Complaints, orders, and other process and papers of the
board, its members, agents, or agency, may be served either
personally or by registered mail or by telegraph, or by leaving a
copy thereof at the principal office or place of business of the
person required to be served. The verified return by the individual
so serving the same setting forth the manner of such service shall be
proof of the same, and the return post office receipt or telegraph
receipt therefor when registered and mailed or telegraphed as
provided in this subdivision shall be proof of service of the same.
Witnesses summoned before the board, its members, agents, or agency,
shall be paid the same fees and mileage that are paid witnesses in
the courts of the state, and witnesses whose depositions are taken
and the persons taking the same shall severally be entitled to the
same fees as are paid for like services in the courts of the state.
   (b) All process of any court to which application may be made
under this part may be served in the county where the defendant or
other person required to be served resides or may be found.




1151.5.  The several departments and agencies of the state upon
request by the board, shall furnish the board all records, papers,
and information in their possession, not otherwise privileged,
relating to any matter before the board.


1151.6.  Any person who shall willfully resist, prevent, impede, or
interfere with any member of the board or any of its agents or
agencies in the performance of duties pursuant to this part shall be
guilty of a misdemeanor, and shall be punished by a fine of not more
than five thousand ($5,000) dollars.