CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ – In General; Conduct of Hearing

Single Topic for Decision 2267M

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* * * OVERRULED IN PART ON OTHER GROUNDS by Los Angeles Unified School District (2016) PERB Decision No. 2479. * * *

Claim that ALJ failed to take into account charging party’s medical condition in making credibility determinations at hearing is without merit, where record reflects that ALJ accommodated medical condition by allowing multiple breaks upon request, and there is no evidence in the record to indicate that medical condition or medication affected his ability to testify competently. Communications from county counsel to ALJ concerning communications received from charging party and confirming extension of time, both of which were copied to charging party, did not constitute inappropriate ex parte communications.