MISCELLANEOUS ISSUES; REGULATIONS – Regulations Considered (By Number) (Continued)

Single Topic for Decision 1529E

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PERB Regulation 32635(b) precludes a charging party from presenting new evidence on appeal unless there is good cause. Good cause may be present in a situation where OEA fails to rebut an issue in its amended charge because: (1) OEA unsuccessfully requested evidence cited in the warning letter before filing an amended charge; (2) the amended charge offered an alternative view of the events sufficient to show a nexus; and, (3) OEA reasonably believed it did not have to contradict the respondent’s defense because the warning letter did not address the administrative leave issue and it comprised an affirmative defense to a prima facie case.