Decision 0551Sa – State of California (Department of Developmental Services)
S-CE-238-S
Decision Date: March 3, 1987
Decision Type: PERB Decision
Perc Vol: 11
Perc Index: 18059
Decision Headnotes
1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.02000 – Regulations Considered (By Number)
1503.02000 – Regulations Considered (By Number)
32410 - "Newly discovered" evidence standard of Reg. 32410 assumes there has been a hearing. Even if applicable to dismissal of charge prior to hearing, as here, the evidence was not "newly discovered" and, alternatively if it was, it does not cure deficiency in charge.
1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.10000 – Request for Reconsideration
1107.10000 – Request for Reconsideration
"Newly discovered" evidence standard of Reg. 32410 assumes there has been a hearing. Even if applicable to dismissal of charge prior to hearing, as here, the evidence was not "newly discovered" and, alternatively if it was, it does not cure deficiency in charge; to extent request is restatement of arguments already raised and rejected, reconsideration is not appropriate.