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 32310 - Response to Exceptions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Within 20 days following the date of service of the statement of exceptions,
					 any party may file with the Board itself a response to the statement of
					 exceptions. The response shall be filed with the Board itself in the
					 headquarters office pursuant to Section
					 32135.
(b) The response shall clearly and concisely
					 state why the exceptions should not be granted. The response shall cite to
					 relevant legal authority to support legal arguments and shall cite to the
					 relevant exhibit or transcript page in the case record to support factual
					 arguments. Subsections (b) through (f) of Section
					 32300 shall apply to a response to
					 exceptions. Absent good cause, a response to exceptions that does not comply
					 with these requirements will not be considered by the Board itself.
(c) The response may contain a statement of
					 any cross-exceptions the responding party wishes to take to the proposed
					 decision. Any such statement of cross-exceptions shall comply with the
					 requirements of Section
					 32300, except that a party that is
					 both responding to exceptions and filing cross-exceptions shall be permitted to
					 submit up to 28,000 words total, including footnotes, without requesting
					 permission.
(d) A response to
					 cross-exceptions may be filed within 20 days. Such response shall comply with
					 the provisions of this Section.
(e)
					 Service and proof of service of these documents pursuant to Section
					 32140 are required.
1.
						Amendment filed 6-18-80; effective thirtieth day thereafter (Register 80, No.
						25).
2. Amendment filed 9-20-82; effective upon filing pursuant to
						Government Code Section
						11346.2(d)
						(Register 82, No. 39).
3. Change without regulatory effect amending
						NOTE filed 2-15-2001 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2001, No. 7).
4. 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.
5. Certificate of Compliance as to 6-11-2001 order transmitted
						to OAL 10-18-2001 and filed 12-4-2001 (Register 2001, No. 49).
6.
						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.
7. Certificate of Compliance as to 2-2-2004 order
						transmitted to OAL 5-4-2004 and filed 6-8-2004 (Register 2004, No.
						24).
8. 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.
9. 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.
10. Certificate of Compliance as to 12-27-2004 order
						transmitted to OAL 4-26-2005 and filed 5-31-2005 (Register 2005, No.
						22).
11. Amendment of NOTE filed 3-18-2013; operative 7-1-2013
						(Register 2013, No. 12).
12. 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.
13. Certificate of Compliance as to 12-6-2013 order transmitted
						to OAL 5-29-2014 and filed 7-10-2014 (Register 2014, No. 28).
14.
						Change without regulatory effect amending NOTE filed 5-8-2018 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2018, No. 19).
15. Amendment of NOTE filed
						12-27-2019; operative 4-1-2020 (Register 2019, No. 52).
16.
						Amendment filed 10-20-2021; operative 1-1-2022 (Register 2021, No. 43). Filing
						deadline specified in Government Code section
						11349.3(a)
						extended 60 calendar days pursuant to Executive Order N-40-20.
17.
						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),
						  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(k),
						  3541.3(n),
						  3551(a),
						  3555.5(c),
						  3563(j),
						  3563(m),
						  71639.1
						  and
						  71825,
						  Government Code; and Sections
						  4.4,
						  13.91,
						  25052,
						  28851,
						  30751,
						  40122,
						  50121,
						  70122,
						  90300,
						  95651,
						  98162.5,
						  99561(j),
						  99561(m),
						  100301,
						  101344,
						  102403,
						  103401,
						  120505
						  and
						  125521,
						  Public Utilities Code.