MISCELLANEOUS ISSUES; REGULATIONS – Regulations Considered (By Number)

Single Topic for Decision 2601H

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PERB Regulations expressly state that the answer to a PERB complaint “shall” contain, among other things, a “specific admission or denial of each allegation contained in the complaint” and “[a] statement of any affirmative defense[s]” which the respondent wishes to assert. (PERB Reg. 32644, subd. (b)(5), (6).) Requiring parties to give reasonable notice of their claims and defenses is necessary to ensure a fair litigation process, particularly since PERB’s unfair practice procedures do not provide for pre-hearing discovery.