CASE PROCESSING PROCEDURES; EVIDENCE – Hearsay

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While the technical rules of evidence do not apply in a PERB formal hearing, where a party timely objects to evidence based on a meritorious hearsay argument, PERB cannot make a material factual finding based solely on such hearsay evidence. (PERB Reg. 32176.) Union witness’s testimony was not hearsay because she was recounting the statement of a party opponent, while the District’s grievance falls under the official records exception to the hearsay rule. (Bellflower Unified School District (2014) PERB Decision No. 2385, pp. 9-11.)