California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 5 - Unfair Practice Proceedings › Section 32640 - Issuance of Complaint

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The Board agent shall issue a complaint if the charge or the evidence is
				  sufficient to establish a prima facie case. The complaint shall contain a
				  statement of the specific facts upon which Board jurisdiction is based,
				  including the identity of the respondent, and shall state with particularity
				  the conduct which is alleged to constitute an unfair practice. The complaint
				  shall include, when known, when and where the conduct alleged to constitute an
				  unfair practice occurred or is occurring, and the name(s) of the person(s) who
				  allegedly committed the acts in question. The Board may disregard any error or
				  defect in the complaint that does not substantially affect the rights of the
				  parties.
(b) The Board shall serve
				  the complaint on the charging party and respondent.
(c) The decision of a Board agent to issue a
				  complaint is not appealable to the Board itself except in accordance with
				  Section 32200.
1.
					 Renumbering from Section
					 35009 filed 7-6-78 as an emergency;
					 effective upon filing (Register 78, No. 27).
2. Certificate of
					 Compliance filed 10-19-78 (Register 78, No. 42).
3. Repealer and new
					 section filed 9-20-82; effective upon filing pursuant to Government Code
					 Section
					 11346.2(d)
					 (Register 82, No. 39).
4. Change without regulatory effect amending
					 NOTE filed 2-15-2001 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2001, No. 7).
5. Amendment of NOTE filed
					 6-11-2001 as an emergency; operative 7-1-2001 (Register 2001, No. 24). A
					 Certificate of Compliance must be transmitted to OAL by 10-29-2001 or emergency
					 language will be repealed by operation of law on the following
					 day.
6. Certificate of Compliance as to 6-11-2001 order transmitted
					 to OAL 10-18-2001 and filed 12-4-2001 (Register 2001, No. 49).
7.
					 Amendment of NOTE filed 2-2-2004 as an emergency; operative 2-2-2004 (Register
					 2004, No. 6). A Certificate of Compliance must be transmitted to OAL by
					 6-1-2004 or emergency language will be repealed by operation of law on the
					 following day.
8. Certificate of Compliance as to 2-2-2004 order
					 transmitted to OAL 5-4-2004 and filed 6-8-2004 (Register 2004, No.
					 24).
9. Amendment of NOTE filed 8-30-2004 as an emergency; operative
					 8-30-2004 (Register 2004, No. 36). A Certificate of Compliance must be
					 transmitted to OAL by 12-28-2004 or emergency language will be repealed by
					 operation of law on the following day.
10. Amendment of NOTE refiled
					 12-27-2004 as an emergency; operative 12-29-2004 (Register 2004, No. 53). A
					 Certificate of Compliance must be transmitted to OAL by 4-28-2005 or emergency
					 language will be repealed by operation of law on the following
					 day.
11. Certificate of Compliance as to 12-27-2004 order
					 transmitted to OAL 4-26-2005 and filed 5-31-2005 (Register 2005, No.
					 22).
12. Amendment of NOTE filed 4-11-2006; operative 5-11-2006
					 (Register 2006, No. 15).
13. Change without regulatory effect
					 amending NOTE filed 3-14-2012 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2012, No. 11).
14. Amendment of NOTE filed
					 12-6-2013 as an emergency; operative 12-6-2013 pursuant to Government Code
					 section
					 110035.5
					 (Register 2013, No. 51). This regulatory action is deemed an emergency exempt
					 from OAL review and was filed directly by the agency with the Secretary of
					 State pursuant to Government Code section
					 110035.5.
					 A Certificate of Compliance must be transmitted to OAL by 6-4-2014 or emergency
					 language will be repealed by operation of law on the following
					 day.
15. Certificate of Compliance as to 12-6-2013 order transmitted
					 to OAL 5-29-2014 and filed 7-10-2014 (Register 2014, No. 28).
16.
					 Change without regulatory effect amending NOTE filed 5-8-2018 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2018, No. 19).
17. Amendment of NOTE filed
					 12-27-2019; operative 4-1-2020 (Register 2019, No. 52).
18.
					 Amendment of NOTE filed 4-18-2023; operative 7-1-2023 (Register 2023, No.
					 16).
Note: Authority cited: Sections
						3509(a),
						3513(h),
						3524.52(a),
						3541.3(g),
						3551(a),
						3555.5(c),
						3563(f),
						71639.1(b)
						and
						71825(b),
						Government Code; and Section
						99561(f),
						Public Utilities Code. Reference: Sections
						3502.5,
						3506.5,
						3509,
						3513(h),
						3514.5,
						3515.7,
						3519,
						3519.5,
						3523,
						3524.52(a),
						3524.55,
						3524.59,
						3524.71,
						3524.72,
						3524.78,
						3541.3(i),
						3541.3(n),
						3541.5,
						3543.5,
						3543.6,
						3546.5,
						3547,
						3547.5,
						3551(a),
						3555.5(c),
						3563(h),
						3563(m),
						3563.2,
						3571,
						3571.1,
						3571.3,
						3584,
						3587,
						3595,
						71632.5,
						71639.1,
						71814 and
						71825,
						Government Code; and Sections
						99561(h),
						99561.2,
						99563.7,
						99563.8,
						99566.3
						and
						99569,
						Public Utilities Code.