CASE PROCESSING PROCEDURES; EVIDENCE – Adverse Inferences

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1105.00000 – CASE PROCESSING PROCEDURES; EVIDENCE
1105.16000 – Adverse Inferences

Based on party’s failure to call presumably favorable witness to testify at hearing, ALJ drew inference that witness’ testimony would have been adverse to party. In light of California Evidence Code section 412, PERB does not draw an adverse inference when either party could have called the witness to testify but neither did so.