California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 2 - Definitions and General Provisions › Article 2 - General Provisions › Section 32110 - Electronic Filing Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Except as otherwise provided by this Chapter, electronic filing is mandatory
					 when filing documents with PERB. For the initial filing of a case, the filing
					 party shall serve all parties pursuant to Section
					 32140, subsection (a), and
					 electronically file with PERB the initial filing and a proof of service. After
					 the initial filing of a case, service of documents shall occur automatically
					 through ePERB, except for unrepresented individuals not utilizing ePERB, in
					 which case the filing party must serve the documents by personal delivery,
					 mail, or with another delivery service properly addressed. Electronic filing is
					 not required when submitting documents at formal hearing.
(b) Electronic filing is available but not
					 mandatory for an unrepresented individual. For purposes of this subsection, the
					 term "unrepresented individual" shall mean an individual natural person not
					 represented by an attorney or a union representative. However, an unrepresented
					 individual that files electronically shall be required to electronically file
					 all subsequent documents, and to accept electronic service, unless they provide
					 written notice to all parties that future filings shall occur through a
					 different authorized means.
(c) A
					 party filing a document through e-PERB may use an electronic signature as
					 defined in section
					 32092. However, a party submitting
					 proof of support under section
					 32700 of these regulations, either
					 through e-PERB or otherwise, may rely on electronic signatures only to the
					 extent permitted under section
					 32700.
(d) Documents electronically filed shall be
					 in PDF format and text searchable. However, a party lacking the capacity to
					 make a PDF file text searchable shall file the document in a non-text
					 searchable PDF format, and shall telephonically notify the Board that it has
					 done so. Unless documents are compressed (in a zip file format), the maximum
					 size of any single document that can be electronically filed is 25 MB. For
					 documents larger than 25 MB, the filer shall separate them into multiple parts
					 so that each part is no larger than 25 MB.
(e) Each document shall be filed
					 individually. Attachments and exhibits are part of the document to which they
					 are associated. Where a document exceeds the size limit specified under
					 subsection (d), the document must be split into parts and each filed
					 individually. When a document is filed in multiple parts, each part must be
					 identified as part of the document, e.g., unfair practice charge part 1, unfair
					 practice charge part 2, etc.
(f)
					 Filers may electronically file a document through e-PERB at any time. However,
					 all documents electronically filed after 11:59 p.m. on a business day, or at
					 any time on a non-business day, will be deemed filed the next regular PERB
					 business day. This section shall not apply to requests for injunctive relief
					 whose filing requirements are governed by sections
					 32450 and
					 32455.
1. New
						section filed 1-14-2021; operative 2-15-2021 pursuant to Government Code
						section
						11343.4(b)(3)
						(Register 2021, No. 3). For prior history, see Register 82, No.
						39.
2. Amendment of subsection (a) filed 10-20-2021; operative
						1-1-2022 (Register 2021, No. 43). Filing deadline specified in Government Code
						section
						11349.3(a)
						extended 60 calendar days pursuant to Executive Order N-40-20.
3.
						Amendment of NOTE filed 4-18-2023; operative 7-1-2023 (Register 2023, No.
						16).
4. Change without regulatory effect amending subsection (b)
						filed 7-27-2023 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2023, No. 30).
Note: Authority cited: Sections
						  3509(a),
						  3513(h),
						  3524.52(a),
						  3541.3,
						  3551(a),
						  3555.5(c),
						  3563,
						  71639.1(b)
						  and
						  71825(b),
						  Government Code; and Section
						  99561(f),
						  Public Utilities Code. Reference: Sections
						  3509,
						  3513,
						  3514.5,
						  3524.52(a),
						  3524.55,
						  3541.3,
						  3541.5,
						  3551(a),
						  3555.5(c),
						  3563,
						  3563.2,
						  71639.1
						  and
						  71825,
						  Government Code; and Sections
						  99561
						  and
						  99561.2,
						  Public Utilities Code.