CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD – De Novo Review; Standard of Review by Board

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When resolving exceptions to a proposed decision, the Board applies a de novo standard of review. Under this standard, PERB reviews the entire record and is free to make different factual findings and reach different legal conclusions than those in the proposed decision. The Board may affirm, modify, or reverse the proposed decision, order the record re-opened for the taking of further evidence, or “take such other actions as it considers proper.” (PERB Reg. 32320, subd. (a)(2); Regents of the University of California (2018) PERB Decision No. 2601-H, p. 12.)