GENERAL LEGAL PRINCIPLES; STATUTORY CONSTRUCTION – General Principles

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In construing administrative regulations, PERB’s fundamental goal is to “give the regulatory language its plain, commonsense meaning. If the language is ambiguous, PERB may look to other sources of interpretation, including the purpose of the regulation, the legislative history, public policy, and the scheme of which the regulation is a part. PERB Regulation 32305(c) prohibits extensions of time in cases subject to subdivision (b) of the same regulation. For a case to fall under subdivision (b), it must satisfy two requirements, as indicated by the conjunctive “and” joining the two phrases of the introductory clause – the case must arise under one of the enumerated regulations and be one where exceptions to a proposed decision are filed after the formal hearing process. (p. 4)