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

Single Topic for Decision 2337E

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We read Government Code section 11425.50(b) to provide that: (1) credibility may be determined on the basis of both observational factors, viz., demeanor, manner and attitude, and non-observational factors including those specified in Evidence Code section 780; (2) reviewing courts are obliged by section 11425.50(b) to give great weight to observational factors only when the proposed decision contains information specified by section 11425.50(b); and (3) when the proposed decision fails to contain this information, section 11425.50(b) does not come into play. An ALJ hearing a retaliation case, including one brought on behalf of an at-will or probationary employee, must inquire fully into all issues and obtain a complete record upon which the decision can be rendered and issue a written proposed decision.