CASE PROCESSING PROCEDURES; EVIDENCE – Administrative and Judicial Notice

Single Topic for Decision 2139M

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* * * OVERRULED IN PART ON OTHER GROUNDS by County of Orange (2018) PERB Decision No. 2594-M and County of Orange (2019) PERB Decision No. 2663-M. * * *

ALJ acted within the scope of his authority under PERB Regulation 32170(a) in granting request for judicial notice of documents provided one month before the record was closed upon submission of final briefs. The requested documents were either presented to the city council or part of the city council’s agenda, were not reasonably subject to dispute, and are capable of immediate and accurate determination by resort to sources of reasonably indisputable accuracy, and opposing party had the opportunity to review and address the documents in its closing brief.