MISCELLANEOUS ISSUES; REGULATIONS – Regulations Considered (By Number)

Single Topic for Decision 0885E

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PERB Regulation 32640 expressly allows the Board to "disregard any error or defect in the complaint that does not substantially affect the rights of the parties." Thus, where the amended complaint merely reflects the allegations in the original unfair practice charge, it is consistent with this regulation and such an amendment does not substantially affect the rights of the parties. PERB Regulation 32647 and 32648, governing the amending of a complaint before and during a hearing, require the Board agent, in determining whether an amendment is appropriate, to consider the possibility of prejudice to the respondent. Since the amended complaint, issued sua sponte, reflects the allegations in the original unfair practice charge, the Board finds that there is no prejudice to the District (respondent). (respondent).