MISCELLANEOUS ISSUES; REGULATIONS – Regulations Considered (By Number) (Continued)

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1503.03000 – Regulations Considered (By Number) (Continued)

Due process and fair proceedings required by statutory, regulatory and decisional law preclude PERB from resolving material factual disputes or making credibility determinations in the absence of a formal hearing or stipulated record. (p. 3, fn. 6.) Although the charging party had several medical restrictions that would require modifying the schedule of a hearing, for example, by taking frequent breaks, so that she is not required to sit or stand for more than one hour at a time, such modifications are not inherently unreasonable, nor unprecedented in PERB proceedings where necessary to accommodate a party’s medical condition. (38-39.) Even assuming a full hearing on the merits was impractical or impossible in this case because of the charging party’s medical condition, at minimum, a hearing on the disputed facts underlying the District’s motion to dismiss and its laches defense was necessary before dismissing the case. Alternatively, PERB Regulations authorize a hearing officer to order any person, including a party or material witness who is unable to attend a hearing because of illness or infirmity, to be deposed to ensure that oral testimony is subject to cross examination. (pp. 35-36.)