CASE PROCESSING PROCEDURES; EVIDENCE – Witnesses: Credibility, Cross Examination and Impeachment; Pretrial Statements
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1105.00000 – CASE PROCESSING PROCEDURES; EVIDENCE
1105.14000 – Witnesses: Credibility, Cross Examination and Impeachment; Pretrial Statements
1105.14000 – Witnesses: Credibility, Cross Examination and Impeachment; Pretrial Statements
PERB’s fact-finding ability at the pre-hearing stage is also limited by the residuum rule of PERB Regulation 32176 governing evidence in unfair practice cases. Unless subject to an exception, any statement not made by a witness testifying before the factfinder constitutes hearsay evidence when offered for its truth. In the absence of some corroborating, non-hearsay evidence, typically in the form of live testimony, the parties’ declarations are insufficient to support a factual finding in unfair practice proceedings. (pp. 30-31.)