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.
1. New
					 section filed 8-28-91; operative 9-27-91 (Register 91, No. 51).
2.
					 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					 10-29-2001 or emergency language will be repealed by operation of law on the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.
3. Certificate of Compliance as to 6-11-2001 order
					 transmitted to OAL 10-18-2001 and filed 12-4-2001 (Register 2001, No.
					 49).
4. 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					 transmitted to OAL by 6-1-2004 or emergency language will be repealed by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.
5. Certificate of Compliance
					 as to 2-2-2004 order transmitted to OAL 5-4-2004 and filed 6-8-2004 (Register
					 2004, No. 24).
6. 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					 be transmitted to OAL by 12-28-2004 or emergency language will be repealed by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.
7. 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					 language will be repealed by operation of law on the following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.
8. Certificate of Compliance as to 12-27-2004 order transmitted
					 to OAL 4-26-2005 and filed 5-31-2005 (Register 2005, No. 22).
9.
					 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.
10. Certificate of Compliance as to 12-6-2013 order transmitted
					 to OAL 5-29-2014 and filed 7-10-2014 (Register 2014, No. 28).
11.
					 Change without regulatory effect amending NOTE filed 5-8-2018 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2018, No. 19).
12. Amendment of NOTE filed
					 12-27-2019; operative 4-1-2020 (Register 2019, No. 52).
13.
					 Amendment of NOTE filed 4-18-2023; operative 7-1-2023 (Register 2023, No. 16).
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.