CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD – Other

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PERB Regulations create two possible tracks for representation cases. The first track leads to a formal hearing where, based on the evidentiary record, a party may appeal the proposed decision under PERB Regulation 32300. The second track leads to an administrative decision, without a formal hearing, evidentiary record, or proposed decision, that a party may appeal to the Board itself by filing an appeal pursuant to PERB Regulation 32360. Because PERB Regulation 32305, subdivision (b), applies only to cases “where exceptions are filed pursuant to Section 32300,” only the first type of case, i.e., one that produces a proposed decision, falls under subdivision (b). Consequently, PERB Regulation 32305, subdivision (c)’s prohibition on granting extensions of time applies only to cases where a proposed decision has been issued, not to cases that resulted in an administrative decision. (pp. 4-5)