PERB: OPERATION, JURISDICTION, AUTHORITY; STATUTORY AUTHORITY OF BOARD – Authority of Board In General; Validity and Application of Regulations (See also 102.01)

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PERB is an administrative agency, expressly charged with the authority to administer the HEERA (HEERA sec. 3563). Article III, section 3.5 of the California Constitution states that an administrative agency, including an administrative agency created by the Constitution or an initiative statute, has no power to do the following: (a) To declare a statute unenforceable, or refuse to enforce a statute, on the basis of it being unconstitutional unless an appellate court has made a determination that such statute is unconstitutional; (b) To declare a statute unconstitutional; (c) To declare a statute unenforceable, or to refuse to enforce a statute on the basis that federal law or federal regulations to refuse to enforce a statute on the basis that federal law or federal regulations determination that the enforcement of such statute is prohibited by federal law or federal regulations. PERB has no power, pursuant to Article III, section 3.5 to find a statute to be unconstitutional. (San Ramon Valley Unified School District (1982) PERB Decision No. 254, at p. 7; The Regents of the University of California (1998) PERB Decision No. 1301-H, at pp. 18-