CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
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1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Notwithstanding the deference usually shown by the Board toward an ALJ’s factual findings based on credibility determinations, because in this case, there was no formal hearing on the record and no live testimony to serve as the basis for observational or non-observational credibility factors, the Board owed no deference to the ALJ’s findings or credibility determinations. The Board applies a de novo standard of review and is required to consider the entire record. As the ultimate finder of fact, it is free to draw its own findings and conclusions from the record, even where they are contrary to those of an ALJ. (PERB Reg. 32300.)