CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD – Request for Reconsideration

Single Topic for Decision 2394C

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PERB Regulation 32410 governs requests for reconsideration and limits such requests to claims that: (1) the Board’s decision contained prejudicial errors of fact; or (2) the party has newly discovered evidence which was not previously available and could not have been discovered with the exercise of reasonable diligence. Requests for reconsideration based on newly discovered evidence, must be accompanied by a declaration under penalty of perjury 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 considered; and (5) impacts or alters the decision of the previously decided case.