CASE PROCESSING PROCEDURES; EVIDENCE – Books and Records; Inspection; Documentary Evidence; Tape Recordings; Best Evidence
Single Topic for Decision 2481H
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1105.11000 – Books and Records; Inspection; Documentary Evidence; Tape Recordings; Best Evidence
PERB Regulation 32150 provides that, before the hearing has commenced, the Board shall issue subpoenas at the request of any party for attendance of witnesses or production of documents at the hearing. The regulation also provides that compliance with the provisions of section 1985 of the Code of Civil Procedure shall be a condition precedent to the issuance of a subpoena for production of documents. After the hearing has begun, a decision to issue subpoenas is left to the sound discretion of the hearing officer. Board declined to disturb ALJ’s ruling denying charging party’s request, made on the last day of presenting his case-in-chief, for production of documents to attack witness credibility. Despite being a self-represented layperson, charging party was familiar with PERB’s unfair practice proceedings from a previous case.