All notes for Subtopic 1105.07000 – Administrative and Judicial Notice

DecisionDescriptionPERC Vol.PERC IndexDate
2622E Cabrillo Community College District
1105.7000: CASE PROCESSING PROCEDURES; EVIDENCE; Administrative and Judicial Notice
Certain records may be subject to permissive notice under Evidence Code section 452, subdivision (c), unless sufficient notice of the request for administrative notice was provided to each adverse party and there is “sufficient information” for the ALJ or Board to determine whether administrative notice is proper. (p. 10.) The Board lacked sufficient information, and thus was not required, to take notice of a federal agency report because the party requesting notice did not provide the Board or any other Board agent with a copy of the report. Moreover, the Board typically declines to take permissive notice of documents that are of no probative value to the issues before it. Without a copy of the report, the Board was not able to assess its probative value and declined to take permissive notice. (p. 10.) more or view all topics or full text.
4312602/04/19
2740M County of Merced
1105.7000: CASE PROCESSING PROCEDURES; EVIDENCE; Administrative and Judicial Notice
In ruling on requests to take “administrative” or “official” notice, PERB follows the California Evidence Code provisions regarding judicial notice. (Santa Clara County Superior Court (2014) PERB Decision No. 2394-C, p. 16.) After the close of evidence, the Board granted the County’s request to take administrative notice of a County Board of Supervisors resolution imposing its last, best, and final offer (LBFO) as an official act of a subdivision of the state. However, taking such notice provided evidence only that the County imposed its LBFO in June 2019. Administrative notice does not necessarily extend to all the hearsay facts, legal conclusions, and mixed conclusions of fact and law recited in the resolution, such as its recitations that the parties’ reopener negotiations had ended in impasse after factfinding. (Glaski v. Bank of America (2013) 218 Cal.App.4th 1079, 1090 [“Courts can take judicial notice of the existence, content and authenticity of public records and other specified documents, but do not take judicial notice of the truth of the factual matters asserted in those documents.”]) That principle was particularly paramount where the Union disputed that the parties had reached a bona fide impasse. If the County wished to establish that the parties reached a bona fide, good faith impasse, it needed either to ask the ALJ to hold open the record, or to ask the ALJ or the Board to reopen the record, so that it could introduce competent factual evidence. more or view all topics or full text.
08/10/20
2558E Children of Promise Preparatory Academy
1105.7000: CASE PROCESSING PROCEDURES; EVIDENCE; Administrative and Judicial Notice
PERB may take official notice of its own records. more or view all topics or full text.
4212403/27/18
2394C Santa Clara County Superior Court
1105.7000: CASE PROCESSING PROCEDURES; EVIDENCE; Administrative and Judicial Notice
With regard to the propriety of an ALJ’s taking of official notice, the Board has applied the standards for the taking of judicial notice in a California court of law. The taking of judicial notice is governed by Evidence Code sections 451 and 452. more or view all topics or full text.
395610/20/14
2178S State of California (Information Technology Bargaining Unit 22 and Service Employees International Union Local 1000/California State Employees Association)
1105.7000: CASE PROCESSING PROCEDURES; EVIDENCE; Administrative and Judicial Notice
Information technology policy letter is subject to judicial notice, where document is an official act of the executive department of the state and is relevant to an issue before the Board. more or view all topics or full text.
358105/23/11
2139M City of Alhambra * * * OVERRULED IN PART by County of Orange (2019) PERB Decision No. 2663-M and County of Orange (2018) PERB Decision No. 2594-M
1105.7000: CASE PROCESSING PROCEDURES; EVIDENCE; Administrative and Judicial Notice
ALJ acted within the scope of his authority under PERB Regulation 32170(a) in granting request for judicial notice of documents provided one month before the record was closed upon submission of final briefs. The requested documents were either presented to the city council or part of the city council’s agenda, were not reasonably subject to dispute, and are capable of immediate and accurate determination by resort to sources of reasonably indisputable accuracy, and opposing party had the opportunity to review and address the documents in its closing brief. more or view all topics or full text.
3416010/26/10
2089S California Statewide Law Enforcement Association (Morgan)
1105.7000: CASE PROCESSING PROCEDURES; EVIDENCE; Administrative and Judicial Notice
PERB has the authority to consider legislative history materials sua sponte. more or view all topics or full text.
343412/31/09
2088S California Statewide Law Enforcement Association (Edelen and Lewis)
1105.7000: CASE PROCESSING PROCEDURES; EVIDENCE; Administrative and Judicial Notice
PERB has the authority to consider legislative history materials sua sponte. more or view all topics or full text.
343312/31/09
A078S State Employer-Employee Relations Act Unit Determination Hearings (Association of Special Agents of the Department of Justice/California Department of Forestry Employees Association)
1105.7000: CASE PROCESSING PROCEDURES; EVIDENCE; Administrative and Judicial Notice
Parties may introduce evidence gathered in SEERA Phase II hearings in the Phase III proceedings because the General Counsel's ruling to the contrary lacks specific support in the record and appears contrary to the general administrative law principle in favor of official notice of records of administrative agencies. more or view all topics or full text.
31013210/17/79
1107S State of California (Department of Corrections) (California Correctional Peace Officers Association)
1105.7000: CASE PROCESSING PROCEDURES; EVIDENCE; Administrative and Judicial Notice
The Board may take official notice of the terms of a CBA filed with PERB pursuant to PERB Regulation 32120; p. 9, fn. 4. more or view all topics or full text.
192610005/19/95
0689E Palo Verde Unified School District
1105.7000: CASE PROCESSING PROCEDURES; EVIDENCE; Administrative and Judicial Notice
Board relies in part on evidence from an earlier Board case (without calling it Administrative or Judicial Notice). more or view all topics or full text.
121912106/30/88
0333S State of California (Department of Transportation)
1105.7000: CASE PROCESSING PROCEDURES; EVIDENCE; Administrative and Judicial Notice
Board takes judicial notice of information garnered by Regional Attorney during investigation. more or view all topics or full text.
71422508/18/83
0329H Regents of the University of California, University of California Los Angeles Medical Center
1105.7000: CASE PROCESSING PROCEDURES; EVIDENCE; Administrative and Judicial Notice
Board exercises discretion in taking notice of materials filed by parties in Superior court action. Board won't take notice where nothing of probative value added. more or view all topics or full text.
71421408/05/83
0097E Antelope Valley Community College District
1105.7000: CASE PROCESSING PROCEDURES; EVIDENCE; Administrative and Judicial Notice
No prejudice or violation of due process rights found where hearing officer took official notice of stipulation found in PERB files after the close of hearing; pp. 23-24. more or view all topics or full text.
31009807/18/79