CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ – In General; Conduct of Hearing
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1104.00000 – CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ
1104.01000 – In General; Conduct of Hearing
1104.01000 – In General; Conduct of Hearing
When discovery disputes surrounding allegedly protected documents arise under the current regulatory scheme, ALJ’s may undertake in camera review of the disputed documents, apply the balancing test, and ultimately rule on whether the records should be disclosed. PERB Regulation 32170, subdivision (b)(12) resolves any ambiguity about Board agents’ ability to conduct in camera review that may have arisen from State of California (Department of Corrections) (2009) PERB Order No. Ad-382-S.