MISCELLANEOUS ISSUES; REGULATIONS – In General
Single Topic for Decision 2476M
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1503.01000 – In General
Pursuant to PERB Regulation 32176, hearsay evidence contained in declarations is insufficient, by itself, to make findings and resolve disputed material facts. Presiding ALJ had discretion to convene a hearing to take live testimony on disputed material facts in order to inquire fully into all issues and obtain a complete record on which a decision could be rendered, even where parties had agreed to proceed on a stipulated record supplemented by declarations and rebuttal declarations containing disputed material factual issues. Pursuant to PERB Regulation 32207, parties may submit stipulated facts where appropriate to a Board agent. No hearing shall be required unless the parties dispute the facts in the case. The regulation authorizes a hearing officer to convene a hearing and take live testimony to resolve material factual disputes, even where the parties themselves have agreed to proceed on a stipulated record and to present disputed facts through sworn declarations. Pursuant to PERB Regulations 32170, subdivision (a), and 32207, presiding Board agent may supplement parties’ stipulated record and declarations by ordering presentation of witnesses or other competent and reliable evidence on issues involving disputed material facts to make credibility determinations and to “[i]nquire fully into all issues and obtain a complete record upon which the decision can be rendered.