(a) An unfair practice charge alleging that a political subdivision, a contractor, or a subcontractor has committed a violation of Section 8438.1, or an unfair practice charge alleging a violation of subdivision (c) of Section 8438 that is based on the conduct of a political subdivision, a contractor, or a subcontractor, shall commence only after all the following requirements have been met:
(1) A party alleging an unfair practice shall first provide notice to the Department of Human Resources of any alleged violation of Section 8438.1 by a political subdivision, a contractor, or a subcontractor, or any alleged violation of subdivision (c) of Section 8438 that is based on the conduct of a political subdivision, a contractor, or a subcontractor, and any facts supporting the alleged violation, within 30 calendar days of the date on which the party knew or reasonably should have known about the incident giving rise to the alleged violation.
(2) The State Department of Social Services, the State Department of Education, or any state agency or department charged with the administration of state-funded early care and education programs, consistent with the advice and direction of the Department of Human Resources, shall work in good faith with the political subdivision, contractor, or subcontractor to cure the alleged violation within 60 calendar days of the postmarked notice from a provider, provider organization, or certified provider organization. State agencies or departments shall expedite, whenever possible, the resolution of alleged violations that have a financial impact on providers. If the political subdivision, contractor, or subcontractor cures the alleged violation, it shall send a written description of steps taken to the party alleging a violation within the 60-day period and to the State Department of Social Services, the State Department of Education, or the department charged with the administration of state-funded early care and education programs, as applicable, and to the Department of Human Resources.
(3) At the conclusion of the 60-day period, the party alleging an unfair practice may commence an unfair practice charge before the board consistent with Section 8439.5. In the board agent’s initial determination as to whether the charges of unfair practices establish a prima facie violation of Section 8438 or 8438.1, consistent with Section 8439.5 and applicable regulations, if the board agent determines the political subdivision, contractor, or subcontractor cured the alleged unfair practice during the 60-day period, the board shall dismiss the charge for failure to establish a prima facie violation.
(b) In any unfair practice charge before the board, the political subdivision, contractor, or subcontractor shall have the opportunity to be represented by a representative of its choice, but in no instance shall the state, the Department of Human Resources, the State Department of Social Services, the State Department of Education, or any state agency charged with the administration of state-funded early care and education programs be obligated to provide representation to the political subdivision, contractor, or subcontractor before the board. However, the Department of Human Resources may intervene in any such proceedings before the board.
(c) In any violation of Section 8438.1 committed by a political subdivision, contractor, or subcontractor, as determined by the board, any monetary damage award or attorney fee award shall not be imposed upon the state, the Department of Human Resources, the State Department of Social Services, the State Department of Education, or any other department or agency charged with the administration of a state-funded early care and education program, as defined in subdivision (f) of Section 8431.
(d) The state, the Department of Human Resources, the State Department of Social Services, and the State Department of Education, and any state agency charged with the administration of state-funded early care and education programs shall not be liable for an unfair labor practice committed by a political subdivision, contractor, or subcontractor.
(Added by Stats. 2019, Ch. 385, Sec. 23. (AB 378) Effective January 1, 2020.)
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