reglab/statecodes huggingface dataset:
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 32160 - Depositions. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Editorial correction of NOTE filed 9-20-82; effective upon filing pursuant to
						Government Code Section
						11346.2(d)
						(Register 82, No. 39).
2. Change without regulatory effect amending
						NOTE filed 2-15-2001 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2001, No. 7).
3. 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						language will be repealed by operation of law on the following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.
4. Certificate of Compliance as to 6-11-2001 order transmitted
						to OAL 10-18-2001 and filed 12-4-2001 (Register 2001, No. 49).
5.
						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						6-1-2004 or emergency language will be repealed by operation of law on the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.
6. Certificate of Compliance as to 2-2-2004 order
						transmitted to OAL 5-4-2004 and filed 6-8-2004 (Register 2004, No.
						24).
7. 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						transmitted to OAL by 12-28-2004 or emergency language will be repealed by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.
8. 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						language will be repealed by operation of law on the following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.
9. Certificate of Compliance as to 12-27-2004 order transmitted
						to OAL 4-26-2005 and filed 5-31-2005 (Register 2005, No. 22).
10.
						Renumbering of former section
						32160 to section
						32169 filed 3-18-2013; operative
						7-1-2013 (Register 2013, No. 12).
Note: Authority cited: Sections
						  3509(a),
						  3513(h),
						  3541.3(g),
						  3563(f),
						  71639.1(b)
						  and
						  71825(b),
						  Government Code; and Section
						  99561(f),
						  Public Utilities Code. Reference: Sections
						  3509,
						  3513(h),
						  3541.3(h),
						  3563(g),
						  71639.1
						  and
						  71825,
						  Government Code; and Section
						  99561(g),
						  Public Utilities Code.
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 32162 - Confidentiality of Board Investigations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Board shall not disclose any confidential statement
						submitted by a party, or the identity of any person who submits such a
						statement, unless the person submitting the statement agrees to disclosure or
						disclosure is required:
(a) Pursuant
					 to Section 32206, concerning production of
					 statements of witnesses after direct testimony;
(b) In a court proceeding upon a complaint
					 for injunctive relief;
(c) By order
					 of the Board itself;
(d) By final
					 order of a court of competent jurisdiction.
Note: Authority cited: Sections
						  3509(a),
						  3513(h),
						  3524.52(a),
						  3541.3(g),
						  3551(a),
						  3555.5(c),
						  3563(f),
						  3603,
						  71639.1(b)
						  and
						  71825(b),
						  Government Code; and Sections 28849(b), 30751, 40122, 40122.1(a), 70122, 90300,
						  98162.5, 99561(f), 100301, 101344, 102399(b), 102403, 103401, 120505, 125521,
						  Appendix 1, Section 4.4 and Appendix 2, Section 13.91, Public Utilities Code.
						  Reference: Sections
						  3509,
						  3513(h),
						  3524.52(a),
						  3541.3(h),
						  3551(a),
						  3555.5(c),
						  3563(g),
						  71639.1
						  and
						  71825,
						  Government Code; and Sections 25052, 28849(b), 28851, 37051, 40122, 40122.1(a),
						  50121, 70122, 90300, 95651, 98162.5, 99561(g), 100301, 101344, 102399(b),
						  102403, 103401, 120505, 125521, Appendix 1, Section 4.4 and Appendix 2, Section
						  13.91, Public Utilities Code.
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
						  3509,
						  3513(h),
						  3524.52(a),
						  3541.3(h),
						  3551(a),
						  3555.5(c),
						  3563(g),
						  71639.1
						  and
						  71825,
						  Government Code; and Section
						  99561(g),
						  Public Utilities Code.
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 32163 - Board Assistance. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 9-20-82; effective upon filing pursuant to Government Code
						Section
						11346.2(d)
						(Register 82, No. 39).
2. Repealer filed 12-29-88; operative 1-28-89
						(Register 89, No. 4).
Note: Authority cited: Sections
						  3513(g),
						  3541.3(g)
						  and
						  3563(f),
						  Government Code. Reference: Sections
						  3513(g),
						  3541.3(n)
						  and
						  3563(g),
						  Government Code.
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 32164 - Application for Joinder of Parties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Any employee, employee organization or employer may file with the Board agent
					 an application for joinder as a party in a case. Service and proof of service
					 of the application pursuant to Section
					 32140 are required.
(b) The application for joinder shall be in
					 writing, signed by the representative filing it and contain a statement of the
					 extent to which joinder is sought and a statement of all the facts upon which
					 the application is based. The Board shall allow each party an opportunity to
					 oppose the application.
(c) The
					 Board may allow joinder if it determines that the party has a substantial
					 interest in the case or will contribute substantially to a just resolution of
					 the case and will not unduly impede the proceeding.
(d) The Board may order joinder of an
					 employer, employee organization or individual, subject to its jurisdiction, on
					 application of any party or its own motion if it determines that:
(1) In the absence of the employer, employee
					 organization or individual, as a party, complete relief cannot be accorded;
					 or
(2) The employer, employee
					 organization or individual has an interest relating to the subject of the
					 action and is so situated that the disposition of the action in their absence
					 may:
(A) As a practical matter impair or
					 impede their ability to protect that interest; or
(B) Leave any of the parties subject to a
					 substantial risk of incurring double, multiple, or otherwise inconsistent
					 obligations by reason of said interest.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 3 - Hearings › Section 32165 - Application to Join a Representation Hearing As a Limited Party

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In a representation proceeding the Board agent may allow
					 any person, employer, or employee organization which did not file a timely
					 request for recognition, intervention or petition to join the hearing as a
					 limited party provided:
(a) The
				  person, employer, or employee organization files a written application prior to
				  the commencement of the hearing stating facts showing that it has an interest
				  in the proceeding; and
(b) The
				  Board agent determines that the person, employee organization or employer has
				  an interest in the case and will not unduly impede the proceeding.
(c) The Board agent may grant participation
				  in the hearing which shall be limited to the right to make an oral statement on
				  the record and to file a written brief subject to such conditions as may be
				  prescribed.
Note: Authority cited: Sections
						3509(a),
						3513(h),
						3524.52(a),
						3541.3(g),
						3563(f),
						3603,
						71639.1(b)
						and
						71825(b),
						Government Code; and Sections 30751, 40122, 70122, 90300, 98162.5, 99561(f),
						100301, 101344, 102403, 103401, 120505, 125521, Appendix 1, Section 4.4 and
						Appendix 2, Section 13.91, Public Utilities Code. Reference: Sections
						3509,
						3513(h),
						3524.52(a),
						3541.3(a),
						3541.3(b),
						3541.3(h),
						3541.3(l),
						3541.3(m),
						3541.3(n),
						3563(a),
						3563(c),
						3563(g),
						3563(k),
						3563(l),
						71639.1
						and
						71825,
						Government Code; and Sections 25052, 28851, 30751, 40122, 50121, 70122, 90300,
						95651, 98162.5, 99561(a), 99561(c), 99561(g), 99561(k), 99561(l), 100301,
						101344, 102403, 103401, 120505, 125521, Appendix 1, Section 4.4 and Appendix 2,
						Section 13.91, Public Utilities Code.
Note: Authority cited: Sections
						3509(a),
						3513(h),
						3524.52(a),
						3541.3(g),
						3563(f),
						71639.1(b)
						and
						71825(b),
						Government Code; and Section
						99561(f),
						Public Utilities Code. Reference: Sections
						3509,
						3513(h),
						3524.52(a),
						3541.3(a),
						3541.3(b),
						3541.3(h),
						3541.3(l),
						3541.3(m),
						3541.3(n),
						3563(a),
						3563(c),
						3563(g),
						3563(k),
						3563(l),
						71639.1
						and
						71825,
						Government Code; and Sections
						99561(a),
						99561(c),
						99561(g),
						99561(k)
						and
						99561(l),
						Public Utilities Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 3 - Hearings › Section 32166 - Application to Join a Representation Hearing As a Full Party

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				  employee organization shall be allowed to participate fully in a representation
				  hearing provided it has filed a written application with the regional office
				  not less than 10 days prior to the commencement of the hearing, accompanied by
				  either 10 percent support of any unit in dispute at the hearing, or 10 percent
				  support of a proposed unit which overlaps another unit in dispute at the
				  hearing. Proof of support is defined in Chapter 1, Section
				  32700. A copy of the written
				  application, excluding the proof of support, shall be served on the parties.
				  Proof of service pursuant to Section
				  32140 is required.
(b) The Board agent may waive the deadline
				  for filing an application pursuant to this Section for good cause.
Note: Authority cited: Sections
						3509(a),
						3513(h),
						3524.52(a),
						3541.3(g),
						3563(f),
						3603,
						71639.1(b)
						and
						71825(b),
						Government Code; and Sections 30751, 40122, 70122, 90300, 98162.5, 99561(f),
						100301, 101344, 102403, 103401, 120505, 125521, Appendix 1, Section 4.4 and
						Appendix 2, Section 13.91, Public Utilities Code. Reference: Sections
						3509,
						3513(h),
						3524.52(a),
						3541.3(a),
						3541.3(b),
						3541.3(h),
						3541.3(l),
						3541.3(m),
						3541.3(n),
						3563(a),
						3563(c),
						3563(g),
						3563(k),
						3563(l),
						71639.1
						and
						71825,
						Government Code; and Sections 25052, 28851, 30751, 40122, 50121, 70122, 90300,
						95651, 98162.5, 99561(a), 99561(c), 99561(g), 99561(k), 99561(l), 100301,
						101344, 102403, 103401, 120505, 125521, Appendix 1, Section 4.4 and Appendix 2,
						Section 13.91, Public Utilities Code.
Note: Authority cited: Sections
						3509(a),
						3513(h),
						3524.52(a),
						3541.3(g),
						3563(f),
						71639.1(b)
						and
						71825(b),
						Government Code; and Section
						99561(f),
						Public Utilities Code. Reference: Sections
						3509,
						3513(h),
						3524.52(a),
						3541.3(a),
						3541.3(b),
						3541.3(h),
						3541.3(l),
						3541.3(m),
						3541.3(n),
						3563(a),
						3563(c),
						3563(g),
						3563(k),
						3563(l),
						71639.1
						and
						71825,
						Government Code; and Sections
						99561(a),
						99561(c),
						99561(g),
						99561(k)
						and
						99561(l),
						Public Utilities Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 3 - Hearings › Section 32168 - Conduct of Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Hearings shall be conducted by a Board agent designated by the Board, except
				  that the Board itself or a Board member may act as a hearing officer.
(b) A Board agent may be substituted for
				  another Board agent at any time during the proceeding at the discretion of the
				  Chief Administrative Law Judge in unfair practice cases or the General Counsel
				  in representation matters. Prior to ordering a substitution the parties shall
				  be notified and provided an opportunity to state objections to the proposed
				  substitution. Substitutions of Board agents shall be appealable only in
				  accordance with Sections
				  32200 or
				  32300.
(c) Hearings shall be open to the public,
				  except as provided in Section
				  32170.
Note: Authority cited: Sections
						3509(a),
						3513(h),
						3524.52(a),
						3541.3(g),
						3551(a),
						3555.5(c),
						3563(f),
						3603,
						71639.1(b)
						and
						71825(b),
						Government Code; and Sections 28849(b), 30751, 40122, 40122.1(a), 70122, 90300,
						98162.5, 99561(f), 100301, 101344, 102399(b), 102403, 103401, 120505, 125521,
						Appendix 1, Section 4.4 and Appendix 2, Section 13.91, Public Utilities Code.
						Reference: Sections
						3509,
						3513(h),
						3524.52(a),
						3541.3(h),
						3541.3(k),
						3551(a),
						3555.5(c),
						3563(g),
						3563(j),
						71639.1
						and
						71825,
						Government Code; and Sections 25052, 28849(b), 28851, 37051, 40122, 40122.1(a),
						50121, 70122, 90300, 95651, 98162.5, 99561(g), 99561(j), 100301, 101344,
						102399(b), 102403, 103401, 120505, 125521, Appendix 1, Section 4.4 and Appendix
						2, Section 13.91, Public Utilities Code.
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
						3509,
						3513(h),
						3524.52(a),
						3541.3(h),
						3541.3
						(k),
						3551(a),
						3555.5(c),
						3563(g),
						3563(j),
						71639.1
						and
						71825,
						Government Code; and Sections
						99561(g)
						and
						99561(j),
						Public Utilities Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 3 - Hearings › Section 32169 - Depositions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Board may order the taking of testimony of a material
					 witness within or outside the State by deposition in the manner prescribed for
					 civil actions only upon the filing of an application by a party showing
					 that:
(a) The witness is unable to
				  attend the hearing because of illness, infirmity or imprisonment; or
(b) The witness cannot be compelled to attend
				  the hearing by subpoena. The application shall state the case number, name and
				  address of the witness, show the materiality of the testimony, and shall
				  request an order requiring the witness to appear and testify before a named
				  officer authorized by law to take depositions. Where the witness resides
				  outside the State and the Board has authorized a deposition of the witness, the
				  Board shall obtain an order of the Superior Court in Sacramento County for that
				  purpose pursuant to Section
				  11189 of
				  the Government Code.
1.
					 Renumbering of former section
					 32160 to new section
					 32169 filed 3-18-2013; operative
					 7-1-2013 (Register 2013, No. 12).
2. 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.
3. Certificate of Compliance as to 12-6-2013 order transmitted
					 to OAL 5-29-2014 and filed 7-10-2014 (Register 2014, No. 28).
4.
					 Change without regulatory effect amending NOTE filed 5-8-2018 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2018, No. 19).
5. Amendment of NOTE filed
					 12-27-2019; operative 4-1-2020 (Register 2019, No. 52).
6. 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
						3509,
						3513(h),
						3524.52(a),
						3541.3(h),
						3551(a),
						3555.5(c),
						3563(g),
						71639.1
						and
						71825,
						Government Code; and Section
						99561(g),
						Public Utilities Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 3 - Hearings › Section 32169 - Depositions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Board may order the taking of testimony of a material
					 witness within or outside the State by deposition in the manner prescribed for
					 civil actions only upon the filing of an application by a party showing
					 that:
(a) The witness is unable to
				  attend the hearing because of illness, infirmity or imprisonment; or
(b) The witness cannot be compelled to attend
				  the hearing by subpoena. The application shall state the case number, name and
				  address of the witness, show the materiality of the testimony, and shall
				  request an order requiring the witness to appear and testify before a named
				  officer authorized by law to take depositions. Where the witness resides
				  outside the State and the Board has authorized a deposition of the witness, the
				  Board shall obtain an order of the Superior Court in Sacramento County for that
				  purpose pursuant to Section 11189 of the Government Code.
Note: Authority cited: Sections
						3509(a),
						3513(h),
						3524.52(a),
						3541.3(g),
						3551(a),
						3555.5(c),
						3563(f),
						3603,
						71639.1(b)
						and
						71825(b),
						Government Code; and Sections 28849(b), 30751, 40122, 40122.1(a), 70122, 90300,
						98162.5, 99561(f), 100301, 101344, 102399(b), 102403, 103401, 120505, 125521,
						Appendix 1, Section 4.4 and Appendix 2, Section 13.91, Public Utilities Code.
						Reference: Sections
						3509,
						3513(h),
						3524.52(a),
						3541.3(h),
						3551(a),
						3555.5(c),
						3563(g),
						71639.1
						and
						71825,
						Government Code; and Sections 25052, 28849(b), 28851, 37051, 40122, 40122.1(a),
						50121, 70122, 90300, 95651, 98162.5, 99561(g), 100301, 101344, 102399(b),
						102403, 103401, 120505, 125521, Appendix 1, Section 4.4 and Appendix 2, Section
						13.91, Public Utilities Code.
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
						3509,
						3513(h),
						3524.52(a),
						3541.3(h),
						3551(a),
						3555.5(c),
						3563(g),
						71639.1
						and
						71825,
						Government Code; and Section
						99561(g),
						Public Utilities Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 3 - Hearings › Section 32170 - Authority of Board Agent Conducting a Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Definitions:
(1) "Prehearing conference"
				  means a proceeding conducted by the Board agent with the parties, either before
				  a formal hearing or between scheduled formal hearing days in order to resolve
				  procedural issues; coordinate and organize the hearing; rule on preliminary and
				  jurisdictional matters; take limited sworn witness testimony, admit documentary
				  or other evidence, take official notice of facts, and approve stipulated facts;
				  and consider any other matters.
(2)
				  "Formal Hearing" means an adjudicative proceeding conducted by the Board agent
				  with the parties, which may include taking sworn witness testimony, admitting
				  documentary or other evidence, taking official notice of facts, and approving
				  stipulated facts.
(3) "Hearing"
				  means those prehearing conference(s) and/or formal hearing day(s) conducted for
				  an individual case or consolidated cases.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 3 - Hearings › Section 32175 - Rules of Evidence: Representation Cases

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Compliance with the technical rules of evidence applied in the courts shall not
				  be required. Oral evidence shall be taken only on oath or affirmation. However,
				  immaterial, irrelevant, or unduly repetitious evidence may be excluded. The
				  rules of privilege shall apply.
(b)
				  A party seeking to offer a written document into evidence shall provide a copy
				  of the document for each party to the hearing.
Note: Authority cited: Sections
						3509(a),
						3513(h),
						3524.52(a),
						3541.3(g),
						3563(f),
						3603,
						71639.1(b)
						and
						71825(b),
						Government Code; and Sections 30751, 40122, 70122, 90300, 98162.5, 99561(f),
						100301, 101344, 102403, 103401, 120505, 125521, Appendix 1, Section 4.4 and
						Appendix 2, Section 13.91, Public Utilities Code. Reference: Sections
						3509,
						3513(h),
						3524.52(a),
						3541.3(a),
						3541.3(b),
						3541.3(h),
						3541.3(l),
						3541.3(m),
						3563(a),
						3563(c),
						3563(g),
						3563(k),
						3563(l),
						71639.1
						and
						71825,
						Government Code; and Sections 25052, 28851, 37051, 40122, 50121, 70122, 90300,
						95651, 98162.5, 99561(a), 99561(c), 99561(g), 99561(k), 99561(l), 100301,
						101344, 102403, 103401, 120505, 125521, Appendix 1, Section 4.4 and Appendix 2,
						Section 13.91, Public Utilities Code.
Note: Authority cited: Sections
						3509(a),
						3513(h),
						3524.52(a),
						3541.3(g),
						3563(f),
						71639.1(b)
						and
						71825(b),
						Government Code; and Section
						99561(f),
						Public Utilities Code. Reference: Sections
						3509,
						3513(h),
						3524.52(a),
						3541.3(a),
						3541.3(b),
						3541.3(h),
						3541.3(l),
						3541.3(m),
						3563(a),
						3563(c),
						3563(g),
						3563(k),
						3563(l),
						71639.1
						and
						71825,
						Government Code; and Sections
						99561(a),
						99561(c),
						99561(g),
						99561(k)
						and
						99561(l),
						Public Utilities Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 3 - Hearings › Section 32176 - Rules of Evidence: Unfair Practice Cases

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Compliance with the technical rules of evidence applied in
					 the courts shall not be required. Oral evidence shall be taken only on oath or
					 affirmation. Hearsay evidence is admissible but shall not be sufficient in
					 itself to support a finding unless it would be admissible over objection in
					 civil actions. Immaterial, irrelevant, or unduly repetitious evidence may be
					 excluded. The rules of privilege shall apply. Evidence of any discussion of the
					 case that occurs in an informal settlement conference shall be inadmissible in
					 accordance with Evidence Code Section
					 1152.
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 Sections 28849(b), 40122.1(a), 99561(f) and 102399(b),
						Public Utilities Code. Reference: Sections 3509, 3513(h), 3524.52(a),
						3541.3(h), 3541.3(i), 3551(a), 3555.5(c), 3563(g), 3563(h), 71639.1 and 71825,
						Government Code; and Sections 28849(b), 40122.1(a), 99561(g), 99561(h) and
						102399(b), Public Utilities Code.
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
						3509,
						3513(h),
						3524.52(a),
						3541.3(h),
						3541.3(i),
						3551(a),
						3555.5(c),
						3563(g),
						3563(h),
						71639.1
						and
						71825,
						Government Code; and Sections
						99561(g)
						and
						99561(h),
						Public Utilities Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 3 - Hearings › Section 32178 - Burden of Proof: Unfair Practice Cases

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The charging party shall prove the complaint by a
					 preponderance of the evidence in order to prevail.
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 Sections 28849(b), 40122.1(a), 99561(f) and 102399(b),
						Public Utilities Code. Reference: Sections 3509, 3513(h), 3524.52(a),
						3541.3(h), 3541.3(i), 3551(a), 3555.5(c), 3563(g), 3563(h), 71639.1 and 71825,
						Government Code; and Sections 28849(b), 40122.1(a), 99561(g), 99561(h) and
						102399(b), Public Utilities Code.
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
						3509,
						3513(h),
						3524.52(a),
						3541.3(h),
						3541.3(i),
						3551(a),
						3555.5(c),
						3563(g),
						3563(h),
						71639.1
						and
						71825,
						Government Code; and Sections
						99561(g)
						and
						99561(h),
						Public Utilities Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 3 - Hearings › Section 32180 - Rights of Parties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Each party to a hearing has the right to self-representation, or representation
				  by counsel or by non-attorney representative.
(b) Each party to a hearing may, subject to
				  appropriate rulings by the Board agent conducting the hearing pursuant to
				  section 32170 of these regulations,
				  introduce non-testimonial evidence and to call, examine, and cross-examine
				  witnesses and introduce documentary and other evidence on the issues.
(c) The Board agent conducting a hearing
				  shall determine the location of the hearing and whether parties,
				  representatives, and witnesses shall participate in a hearing in person,
				  telephonically, by video, or a combination thereof.
Note: Authority cited: Sections
						3509(a),
						3513(h),
						3524.52(a),
						3541.3(g),
						3551(a),
						3555.5(c),
						3563(f),
						3603,
						71639.1(b)
						and
						71825(b),
						Government Code; and Sections 28849(b), 30751, 40122, 40122.1(a), 70122, 90300,
						98162.5, 99561(f), 100301, 101344, 102399(b), 102403, 103401, 120505, 125521,
						Appendix 1, Section 4.4 and Appendix 2, Section 13.91, Public Utilities Code.
						Reference: Sections
						3509,
						3513(h),
						3524.52(a),
						3541.3(h),
						3551(a),
						3555.5(c),
						3563(g),
						71639.1
						and
						71825,
						Government Code; and Sections 25052, 28849(b), 28851, 37051, 40122, 40122.1(a),
						50121, 70122, 90300, 95651, 98162.5, 99561(g), 100301, 101344, 102399(b),
						102403, 103401, 120505, 125521, Appendix 1, Section 4.4 and Appendix 2, Section
						13.91, Public Utilities Code.
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
						3509,
						3513(h),
						3524.52(a),
						3541.3(h),
						3551(a),
						3555.5(c),
						3563(g),
						71639.1
						and
						71825,
						Government Code; and Section
						99561(g),
						Public Utilities Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 3 - Hearings › Section 32185 - Ex Parte Communications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No
				  party to a formal hearing before the Board on an unfair practice complaint
				  shall, outside the hearing of the other parties, orally communicate about the
				  merits of the matter at issue with the Board agent presiding. Nor shall any
				  party to a formal hearing communicate in writing with the Board agent presiding
				  without providing a copy of the writing to the other parties.
(b) A Board agent who receives such an ex
				  parte communication shall state on the record that the communication was made,
				  identify the person who made it and either summarize the contents of the
				  communication, or provide all parties with a copy of such communication. The
				  Board agent shall then afford the other parties to the hearing the opportunity
				  to rebut the communication on the record.
Note: Authority cited: Sections 3509(a), 3513(h),
						3524.52(a), 3541.3, 3551(a), 3555.5(c), 3563, 3603, 71639.1(b) and 71825(b),
						Government Code; and Sections 28849(b), 40122.1(a), 99561(f) and 102399(b),
						Public Utilities Code. Reference: Sections 3509, 3513(h), 3524.52(a),
						3541.3(h), 3541.3(i), 3541.3(n), 3551(a), 3555.5(c), 3563(g), 3563(h), 3563(m),
						71639.1 and 71825, Government Code; and Sections 28849(b), 40122.1(a),
						99561(g), 99561(h), 99561(m) and 102399(b), Public Utilities Code.
Note: Authority cited: Sections
						3509(a),
						3541.3,
						3513(h),
						3524.52(a),
						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(h),
						3524.52(a),
						3541.3(h),
						3541.3(i),
						3541.3(n),
						3551(a),
						3555.5(c),
						3563(g),
						3563(h) 3563(m),
						71639.1 and 71825, Government Code; and Sections
						99561(g),
						99561(h)
						and
						99561(m),
						Public Utilities Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 3 - Hearings › Section 32190 - Motions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  After a complaint has been issued, written motions made before, during or after
				  a formal hearing shall be filed with the Board agent assigned to the
				  proceeding. Service and proof of service pursuant to Section
				  32140 are required.
(1) Motions to strike an allegation, to defer
				  a case to arbitration, or to dismiss or partially dismiss a complaint,
				  including motions styled as motions for summary judgment or for judgment on the
				  pleadings, must be filed with the Board agent assigned to the proceeding no
				  later than forty-five (45) days prior to the first day of the scheduled formal
				  hearing, unless otherwise ordered by the Board. Service and proof of service
				  pursuant to Section
				  32140 are required.
(2) A response to a motion filed pursuant to
				  subsection (a)(1) shall be filed with the Board agent within twenty (20) days
				  of service of the motion, or within such time as is directed by the Board
				  agent. Service and proof of service pursuant to Section
				  32140 are required. There shall be
				  no reply briefs unless requested by the Board agent.
(3) The above filing deadlines shall not
				  apply in any proceeding designated for expedited treatment pursuant to Section
				  32147. In expedited hearings, the
				  Board agent shall have the authority and discretion to set timelines for the
				  filing of motions and responses.
(4) Once the scheduled formal hearing has
				  commenced, no motion specified in subsection (a)(1) above may be filed or
				  orally presented until the charging party has fully presented evidence in its
				  case, exclusive of rebuttal evidence.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 3 - Hearings › Section 32200 - Appeal of Rulings on Motions and Interlocutory Matters

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A party may object to a Board agent's interlocutory order
					 or ruling on a motion and request a ruling by the Board itself. The request
					 shall be in writing to the Board agent and a copy shall be sent to the Board
					 itself. Service and proof of service pursuant to Section
					 32140 are required. The Board agent
					 may refuse the request, or may join in the request and certify the matter to
					 the Board. The Board itself will not accept the request unless the Board agent
					 joins in the request. The Board agent may join in the request only where all of
					 the following apply:
(a) The issue
				  involved is one of law;
(b) The
				  issue involved is controlling in the case;
(c) An immediate appeal will materially
				  advance the resolution of the case.
Note: Authority cited: Sections
						3509(a),
						3513(h),
						3524.52(a),
						3541.3(g),
						3551(a),
						3555.5(c),
						3563(f),
						3603,
						71639.1(b)
						and
						71825(b),
						Government Code; and Sections 28849(b), 30751, 40122, 40122.1(a), 70122, 90300,
						98162.5, 99561(f), 100301, 101344, 102399(b), 102403, 103401, 120505, 125521,
						Appendix 1, Section 4.4 and Appendix 2, Section 13.91, Public Utilities Code.
						Reference: Sections
						3509,
						3513(h),
						3524.52(a),
						3541.3(h),
						3551(a),
						3555.5(c),
						3563(g),
						71639.1
						and
						71825,
						Government Code; and Sections 25052, 28849(b), 28851, 37051, 40122, 40122.1(a),
						50121, 70122, 90300, 95651, 98162.5, 99561(g), 100301, 101344, 102399(b),
						102403, 103401, 120505, 125521, Appendix 1, Section 4.4 and Appendix 2, Section
						13.91, Public Utilities Code.
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
						3509,
						3513(h),
						3524.52(a),
						3541.3(h),
						3551(a),
						3555.5(c),
						3563(g),
						71639.1
						and
						71825,
						Government Code; and Section
						99561(g),
						Public Utilities Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 3 - Hearings › Section 32206 - Production of Statements of Witnesses After Direct Testimony

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  After direct examination of a witness, and upon motion of any party, the
				  hearing officer shall order the production of any statement made by the witness
				  to a Board agent that relates to the subject matter of the testimony.
(b) A statement includes a written
				  declaration by the witness, signed or otherwise approved by the witness, or a
				  recording or a transcription of a recording which is a verbatim recital of
				  something said by the witness.
(c)
				  If the party sponsoring the testimony claims that a statement ordered to be
				  produced under this section contains matter which does not relate to the
				  subject matter of the testimony, the party shall deliver the statement to the
				  hearing officer for their private inspection. The hearing officer may excise
				  those portions of the statements which do not relate to the subject matter of
				  the testimony. The remainder of the statement shall be delivered to the moving
				  party.
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
						3509,
						3513(h),
						3524.52(a),
						3541.3(h),
						3551(a),
						3555.5(c),
						3563(g),
						71639.1
						and
						71825,
						Government Code; and Section
						99561(g),
						Public Utilities Code.
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
						3509,
						3513(h),
						3524.52(a),
						3541.3(h),
						3551(a),
						3555.5(c),
						3563(g),
						71639.1
						and
						71825,
						Government Code; and Section
						99561(g),
						Public Utilities Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 3 - Hearings › Section 32206 - Production of Statements of Witnesses After Direct Testimony

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  After direct examination of a witness, and upon motion of any party, the
				  hearing officer shall order the production of any statement made by the witness
				  to a Board agent that relates to the subject matter of the testimony.
(b) A statement includes a written
				  declaration by the witness, signed or otherwise approved by the witness, or a
				  recording or a transcription of a recording which is a verbatim recital of
				  something said by the witness.
(c)
				  If the party sponsoring the testimony claims that a statement ordered to be
				  produced under this section contains matter which does not relate to the
				  subject matter of the testimony, the party shall deliver the statement to the
				  hearing officer for their private inspection. The hearing officer may excise
				  those portions of the statements which do not relate to the subject matter of
				  the testimony. The remainder of the statement shall be delivered to the moving
				  party.
Note: Authority cited: Sections
						3509(a),
						3513(h),
						3524.52(a),
						3541.3(g),
						3551(a),
						3555.5(c),
						3563(f),
						3603,
						71639.1(b)
						and
						71825(b),
						Government Code; and Sections 28849(b), 30751, 40122, 40122.1(a), 70122, 90300,
						98162.5, 99561(f), 100301, 101344, 102399(b), 102403, 103401, 120505, 125521,
						Appendix 1, Section 4.4 and Appendix 2, Section 13.91, Public Utilities Code.
						Reference: Sections
						3509,
						3513(h),
						3524.52(a),
						3541.3(h),
						3551(a),
						3555.5(c),
						3563(g),
						71639.1
						and
						71825,
						Government Code; and Sections 25052, 28849(b), 28851, 37051, 40122, 40122.1(a),
						50121, 70122, 90300, 95651, 98162.5, 99561(g), 100301, 101344, 102399(b),
						102403, 103401, 120505, 125521, Appendix 1, Section 4.4 and Appendix 2, Section
						13.91, Public Utilities Code.
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
						3509,
						3513(h),
						3524.52(a),
						3541.3(h),
						3551(a),
						3555.5(c),
						3563(g),
						71639.1
						and
						71825,
						Government Code; and Section
						99561(g),
						Public Utilities Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 3 - Hearings › Section 32207 - Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The parties may submit stipulated facts where appropriate
					 to the Board agent. No hearing shall be required unless the parties dispute the
					 facts in the case.
Note: Authority cited: Sections
						3509(a),
						3513(h),
						3524.52(a),
						3541.3(g),
						3551(a),
						3555.5(c),
						3563(f),
						3603,
						71639.1(b)
						and
						71825(b),
						Government Code; and Sections 28849(b), 30751, 40122, 40122.1(a), 70122, 90300,
						98162.5, 99561(f), 100301, 101344, 102399(b), 102403, 103401, 120505, 125521,
						Appendix 1, Section 4.4 and Appendix 2, Section 13.91, Public Utilities Code.
						Reference: Sections
						3509,
						3513(h),
						3524.52(a),
						3541.3(h),
						3551(a),
						3555.5(c),
						3563(g),
						71639.1
						and
						71825,
						Government Code; and Sections 25052, 28849(b), 28851, 37051, 40122, 40122.1(a),
						50121, 70122, 90300, 95651, 98162.5, 99561(g), 100301, 101344, 102399(b),
						102403, 103401, 120505, 125521, Appendix 1, Section 4.4 and Appendix 2, Section
						13.91, Public Utilities Code.
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
						3509,
						3513(h),
						3524.52(a),
						3541.3(h),
						3551(a),
						3555.5(c),
						3563(g),
						71639.1
						and
						71825,
						Government Code; and Section
						99561(g),
						Public Utilities Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 3 - Hearings › Section 32209 - Correction of Transcript

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A motion to correct alleged errors in the transcript of a
					 proceeding before a Board agent must be filed with the Board agent presiding at
					 the proceeding within 20 days of the date of service of the transcript. The
					 motion shall specify the alleged errors and provide a proposed corrected
					 version. Within 10 days following the date of service of such a motion, any
					 party may file with the Board agent a response to the motion. Service and proof
					 of service of the motion and of any response to a motion pursuant to Section
					 32140 are required. Failure to file
					 a timely motion to correct will be deemed a waiver of any objection to the
					 accuracy of the transcript.
Note: Authority cited: Sections
						3509(a),
						3513(h),
						3524.52(a),
						3541.3(g),
						3551(a),
						3555.5(c),
						3563(f),
						3603,
						71639.1(b)
						and
						71825(b),
						Government Code; and Sections 28849(b), 30751, 40122, 40122.1(a), 70122, 90300,
						98162.5, 99561(f), 100301, 101344, 102399(b), 102403, 103401, 120505, 125521,
						Appendix 1, Section 4.4 and Appendix 2, Section 13.91, Public Utilities Code.
						Reference: Sections
						3509,
						3513(h),
						3524.52(a),
						3541.3(h),
						3551(a),
						3555.5(c),
						3563(g),
						71639.1
						and
						71825,
						Government Code; and Sections 25052, 28849(b), 28851, 37051, 40122, 40122.1(a),
						50121, 70122, 90300, 95651, 98162.5, 99561(g), 100301, 101344, 102399(b),
						102403, 103401, 120505, 125521, Appendix 1, Section 4.4 and Appendix 2, Section
						13.91, Public Utilities Code.
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
						3509,
						3513(h),
						3524.52(a),
						3541.3(h),
						3551(a),
						3555.5(c),
						3563(g),
						71639.1
						and
						71825,
						Government Code; and Section
						99561(g),
						Public Utilities Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 3 - Hearings › Section 32210 - Informational Briefs and Arguments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Any person may file a petition to submit an informational brief or to argue
				  orally in any case at a hearing or before the Board itself.
(b) The petition shall include the following
				  information:
(1) The case number;
(2) The title of the case;
(3) The name, address, telephone number and
				  any affiliation of the petitioner;
(4) The name, address and telephone number of
				  any agent to be contacted;
(5) A
				  statement setting forth the nature of the petitioner's interest or involvement
				  in the case;
(6) A statement
				  setting forth the specific issues of procedure, fact, law or policy which the
				  petitioner wishes to address.