California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 1 - Public Employment Relations Board › Subchapter 4 - Decisions of the Board Itself › Article 2 - Appeal of Board Agent Decision to the Board Itself › Section 32312 - Reply Briefs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Within 10 days following the date of service of the response to its exceptions
					 or cross-exceptions, a party may file with the Board itself a reply brief of no
					 more than 5,000 words. A reply brief may contain a table of contents and table
					 of authorities, but such tables, if any, shall not count toward the word limit.
					 A request for permission to file a reply brief exceeding 5,000 words must be
					 filed with the Board itself and served on all parties pursuant to Section
					 32140 no later than five days
					 before the brief is due. The request must establish good cause to permit a
					 longer reply brief. The party requesting to exceed the word limit may not file
					 its reply brief until the Board rules on the request.
(b) Subsections (c) through (e) of Section
					 32300 shall apply to a reply brief.
					 The reply brief shall be filed with the Board itself in the headquarters office
					 pursuant to Section
					 32135. Service and proof of service
					 of the reply brief pursuant to Section
					 32140 are required.
(c) The Board itself may exercise its
					 discretion to consider a reply brief in support of exceptions or
					 cross-exceptions if (1) the response has raised new issues, discussed new case
					 law, or formulated a new defense, or (2) the Board otherwise determines that
					 consideration of the reply would assist the Board in deciding the case. The
					 Board itself has discretion to disregard a reply brief if neither of these
					 criteria is satisfied.
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 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(k),
						  3541.3(n),
						  3563(j),
						  3563(m),
						  71639.1
						  and
						  71825,
						  Government Code; and Sections 25052, 28849(b), 28851, 30751, 40122, 40122.1(a),
						  50121, 70122, 90300, 95651, 98162.5, 99561(j), 99561(m), 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),
						  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 I, Section
						  4.4 and Appendix 2, Section
						  13.91,
						  Public Utilities Code. Reference: Sections
						  3509,
						  3513(h),
						  3524.52(a),
						  3541.3(k),
						  3541.3(n),
						  3563(j),
						  3563(m),
						  71639.1
						  and
						  71825,
						  Government Code; and Sections
						  25052,
						  28851,
						  30751,
						  40122,
						  50121,
						  70122,
						  90300,
						  95651,
						  98162.5,
						  99561(j),
						  99561(m),
						  100301,
						  101344,
						  102403,
						  103401,
						  120505 and
						  125521, Appendix I, Section
						  4.4 and Appendix 2, Section
						  13.91,
						  Public Utilities Code.