CASE PROCESSING PROCEDURES; EVIDENCE – Witnesses: Credibility, Cross Examination and Impeachment; Pretrial Statements

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“[A] hearing officer who has observed the testimony of witnesses under oath is better positioned than the Board itself to make credibility determinations based on observational factors, such as the demeanor, manner, or attitude of witness[es].” (State of California (Department of Social Services) (2019) PERB Decision No. 2624-S, p. 11.) For that reason, the Board deferred to the ALJ’s ultimate credibility determination regarding the specifics of a meeting between Irrigation Specialists and management, despite disavowing the language the ALJ used to characterize a particular witness’ demeanor. (p. 19.)