CASE PROCESSING PROCEDURES; COMPLAINT – Variance of Complaint from Charge; Evidence, Findings, or Order Varying from Complaint; Events Subsequent to Charge or Complaint

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1103.00000 – CASE PROCESSING PROCEDURES; COMPLAINT
1103.03000 – Variance of Complaint from Charge; Evidence, Findings, or Order Varying from Complaint; Events Subsequent to Charge or Complaint

Generally, “[a]dministrative proceedings are not bound by strict rules of pleading.” (City of Davis (2018) PERB Decision No. 2582-M, p. 11, fn. 5, quoting Pacific Gas & Electric Co. v. Public Utilities Com. (2015) 237 Cal.App.4th 812, 862.) Thus, PERB has observed that so long as a party is informed of the substance of the charge or defense and afforded the basic, appropriate elements of procedural due process, the party “cannot complain of a variance between administrative pleadings and proof.” (City of Roseville (2016) PERB Decision No. 2505-M, p. 23.)