CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD – Motion to Reopen Record

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. * * *

When considering a request to reopen the record to admit new evidence, the Board applies the standard set forth in PERB Regulation 32410(a). That standard requires a declaration establishing that the evidence: (1) was not previously available; (2) could not have been discovered prior to the hearing with the exercise of reasonable diligence; (3) was submitted within a reasonable time of its discovery; (4) is relevant to the issues sought to be reconsidered; and (5) impacts or alters the decision of the previously decided case. New documents fail to meet this standard, where party failed to explain why documents could not have been discovered and submitted previously and failed to demonstrate the relevance of the documents to the issues before the Board or that the proffered evidence impacts or alters the decision in this case.