Decision 1403Sa – State of California (Department of Youth Authority)


Decision Date: January 26, 2001

Decision Type: PERB Decision

Description: The Board denied a request for reconsideration based on an offer of new evidence.

Disposition: Request for reconsideration based on an offer of new evidence denied. The party’s failure to forward available documents to Board prior to close of record does not render those documents “unavailable”; hence, the grounds in PERB Regulation 32410(a) are not met and the Board cannot grant reconsideration.

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Perc Vol: 25
Perc Index: 32025

Decision Headnotes

1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver

In reviewing requests for reconsideration, the Board has strictly applied the limited grounds included in the regulation, specifically to avoid the use of the reconsideration process to reargue or relitigate issues which have already been decided. PERB Regulation 32410 is quite specific regarding reconsideration requests based on offers of new evidence. Where charging party states that she received the letters which constitute the purported "new evidence" before the ALJ closed the record yet also states that she did not forward copies of the letters to her exclusive representative until after the administrative record closed, regulation not met because party's own statements establish that the evidence was previously available.