CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD – Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
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1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.02000 – Weight Given to ALJ’s Proposed Decision: Findings, Conclusions, Credibility Resolutions
1107.02000 – Weight Given to ALJ’s Proposed Decision: Findings, Conclusions, Credibility Resolutions
Although the Board reviews exceptions to a proposed decision de novo, to the extent an ALJ assesses credibility based upon observing a witness in the act of testifying, we defer to such assessments unless the record warrants overturning them. (County of Santa Clara (2019) PERB Decision No. 2629-M, pp. 8-9.) If a proposed decision adequately addressed issues raised by certain exceptions, the Board need not further analyze those exceptions. (Id. at p. 6.) The Board also need not address alleged errors that have no material impact on the outcome. (Ibid.)