CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ – Motions

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In resolving pre-hearing dismissal motions, ALJs must apply the same principles that OGC applies in determining which charge allegations (if any) warrant dismissal. (Cal Fire Local 2881 (Tobin) (2018) PERB Decision No. 2580-S, p. 2.) As a result, ALJs must assume charging party’s factual allegations are true, and view the allegations in the light most favorable to charging party. (City and County of San Francisco (2023) PERB Decision No. 2846-M, p. 8.) (pp. 6-7.)