PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES – In General
Single Topic for Decision 2795E
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101.00000 – PERB: OPERATION, JURISDICTION, AUTHORITY; APPLICABILITY OF AND CONFLICTS WITH OTHER STATUTES
101.01000 – In General
101.01000 – In General
PERB lacks authority to rule on constitutional issues because the California Constitution prohibits an administrative agency from declaring a statute unconstitutional, and from refusing to enforce a statute on constitutional grounds unless an appellate court has ruled the statute is unconstitutional. (p. 42.)