MISCELLANEOUS ISSUES; REGULATIONS – Regulations Considered (By Number)

Single Topic for Decision 2491M

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Pursuant to PERB Regulation 32640, subdivision (a), a Board agent may “disregard any error or defect in the complaint that does not substantially affect the rights of the parties,” which includes the authority of a hearing officer to amend a complaint on his or her own motion where the amendment is necessary to conform to the evidence and issues presented at hearing. Where the issues actually litigated at hearing and argued in parties’ briefs involved a job classification not identified in the complaint, the Board affirmed the ALJ’s sua sponte amendment to the complaint to conform to the evidence and issues presented at hearing. Distinguishing City of Inglewood (2015) PERB Decision No. 2424-M.