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.
1. New
					 section 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. Amendment of subsection (b) filed 2-11-80 as an emergency;
					 effective upon filing (Register 80, No. 7). A Certificate of Compliance must be
					 transmitted to OAH within 120 days or emergency language will be repealed on
					 6-11-80.
4. Certificate of Compliance transmitted to OAH 6-11-80;
					 filed 6-18-80 (Register 80, No. 25).
5. Amendment filed 6-18-80;
					 effective thirtieth day thereafter (Register 80, No. 25).
6.
					 Amendment filed 9-20-82; effective upon filing pursuant to Government Code
					 Section
					 11346.2(d)
					 (Register 82, No. 39).
7. Amendment of subsection (b) adding
					 requirement for notification of parties and an opportunity to object prior to
					 substitution of a Board agent filed 12-29-88; operative 1-28-89 (Register 89,
					 No. 4). Ed. Note: This amendment codifies an interpretation made by the Public
					 Employment Relations Board in Fremont Union High School District (1987) PERB
					 Decision No. 651.
8. Change without regulatory effect amending NOTE
					 filed 2-15-2001 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2001, No. 7).
9. 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.
10. Certificate of Compliance as to 6-11-2001 order transmitted
					 to OAL 10-18-2001 and filed 12-4-2001 (Register 2001, No. 49).
11.
					 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.
12. Certificate of Compliance as to 2-2-2004 order
					 transmitted to OAL 5-4-2004 and filed 6-8-2004 (Register 2004, No.
					 24).
13. 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.
14. 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.
15. Certificate of Compliance as to 12-27-2004 order
					 transmitted to OAL 4-26-2005 and filed 5-31-2005 (Register 2005, No.
					 22).
16. 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.
17. Certificate of Compliance as to 12-6-2013 order transmitted
					 to OAL 5-29-2014 and filed 7-10-2014 (Register 2014, No. 28).
18.
					 Change without regulatory effect amending NOTE filed 5-8-2018 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2018, No. 19).
19. Amendment of NOTE filed
					 12-27-2019; operative 4-1-2020 (Register 2019, No. 52).
20.
					 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),
						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.