CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD – Request for Reconsideration

Single Topic for Decision 2904Ea

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The District’s reconsideration request was procedurally improper. First, the District sought to relitigate legal issues or application of law to facts. Moreover, the District raised issues that it had long since waived by not filing exceptions to the ALJ’s conclusions. Further, those portions of the District’s reconsideration request that relied on new evidence were flawed. Even had the District established that its new evidence was relevant, the District failed to establish PERB Regulation 32410’s other four requirements for submitting new evidence in a reconsideration request. The District’s declarations failed to specify when the District discovered the new facts, how soon thereafter it sought to reopen the record or otherwise bring the facts to the Board’s attention, or why it could not have done so earlier. And it was clear from the nature of the assertedly new evidence that it was previously available, could have been discovered with the exercise of reasonable diligence, and was not submitted close to the time of discovery. Accordingly, the Board excluded the District’s proposed new evidence from the record. (pp. 6-7.)