CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
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1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
PERB Regulation 32300(a) requires that the statement of exceptions “state the specific issues of procedure, fact, law or rationale to which each exception is taken” and “state the grounds for each exception.” PERB Regulation 32300(c) states in full: “An exception not specifically urged shall be waived.” Respondent’s exceptions to ALJ’s proposed decision did not mention the substantive issue in the case but focused solely on whether a particular witness’ testimony should be stricken. Statements that the testimony “must be stricken from the record and disregarded when the board weighs the evidence in this matter” and that exclusion of the testimony “leaves the Charging Party substantially short of meeting their burden of proof” were not sufficient to trigger review of the ALJ’s ruling on the substantive issue because they failed to comply with Regulation 32300(a). Therefore, because the respondent waived any exception to the ALJ’s ruling on the merits of the case by failing to specifically except to it, that ruling is binding upon the parties but has no precedential effect with respect to other cases.