PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD – Conclusiveness of Prior Determination by Federal Agencies, Other State Agencies or Courts
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104.03000 – Conclusiveness of Prior Determination by Federal Agencies, Other State Agencies or Courts
Collateral estoppel is applicable to decisions of administrative agencies when: (1) the agency is acting in a judicial capacity; (2) it resolves disputed issues of fact properly before it; and (3) the parties have had an adequate opportunity to litigate the disputed issues. Collateral estoppel inappropriate when the issues litigated before the SPB are not identical to the issues litigated before PERB; p. 4.