CASE PROCESSING PROCEDURES; EVIDENCE – Witnesses: Credibility, Cross Examination and Impeachment; Pretrial Statements

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ALJs and the Board make credibility determinations based on both observational and non-observational factors. When reviewing a Board decision which assesses credibility based on non-observational factors, a court nonetheless approaches the Board’s findings, including credibility determinations, with deference. For those credibility determinations turning on observational factors, which are appropriately documented, as required by Government Code section 11425.50(b), the court must accord great weight to the Board’s findings as so determined.