Section 54452 Of Article 3.5. Conciliation From California Food And Agricultural Code >> Division 20. >> Chapter 2. >> Article 3.5.
54452
. The following procedure shall be used upon receipt by the
department of a request for conciliation:
(a) The request from one of the parties to the negotiation,
referred to as the requesting party, shall be presented on a form
prescribed by the department.
(b) The requesting party shall submit, along with the request, the
last offer made to the other party, referred to as the responding
party, reasons for rejection of the responding party's last offer,
and an indication as to what the requesting party believes would be
required to reach an agreement. A copy of the request, as well as any
information required pursuant to this subdivision, shall be express
mailed to the responding party on the same day that the request is
submitted to the department.
(c) On the next business day after receiving the request for
conciliation, the department shall notify the responding party that a
request for conciliation has been received. The responding party
shall be required to respond to the department within three business
days after receipt of notification that conciliation has been
requested. The response from the responding party shall include the
last offer made to the requesting party, reasons for rejection of the
requesting party's last offer, and an indication as to what the
responding party believes would be required to reach an agreement.
The responding party's response shall be made on a form prescribed by
the department. A copy of the response, as well as any information
required pursuant to this subdivision, shall be express mailed to the
requesting party on the same day that the response is submitted to
the department.
(d) On the same day that the responding party is notified by the
department that a request for conciliation has been made, the
department shall notify the conciliation service designated by the
department pursuant to Section 54451.5 that conciliation may be
ordered.
(e) On the date that the department notifies the responding party
that a conciliation has been requested, the department may also
request additional information from either party and the department
shall notify both parties of their right to use a conciliator agreed
upon by the parties if the parties notify the department of their
agreement before conciliation is ordered.
(f) Both parties have three business days after the date of the
request made pursuant to subdivision (e) in which to respond to the
request for additional information.
(g) Within three business days after final receipt from the
parties of all information requested by the department, the
department shall determine whether conciliation shall be conducted.