CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD – Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions

Single Topic for Decision 2514E


View all topics for Decision 2514E

Full Decision Text (click on the link to view): Full Text

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.02000 – Weight Given to ALJ’s Proposed Decision: Findings, Conclusions, Credibility Resolutions

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.)