CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ – In General; Conduct of Hearing
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1104.01000 – In General; Conduct of Hearing
An ALJ’s primary responsibility is to “[i]nquire fully into all issues and obtain a complete record upon which the decision can be rendered.” (PERB Reg. 32170.) Consistent with this mandate, ALJs should decide the merits of a case on a dispositive motion only when the facts truly are undisputed and the parties have had full opportunity to assert any claims or defenses that do not prejudice the other party. PERB reversed the ALJ’s grant of partial summary judgment where there were facts in dispute that were material to the outcome. PERB noted that because discrimination and retaliation cases are inherently fact-specific, it is the rare case that can be decided on a dispositive motion.