Decision 1509M – Antelope Valley Health Care District
Decision Date: February 5, 2003
Decision Type: PERB Decision
Description: The District sought to withdraw its exceptions to the ALJ’s proposed decision. California Nurses Association concurred with the proposed decision and did not oppose the request.
Disposition: The Board found no prejudice to the opposing party in the District’s request and consequently granted the District’s request.
Perc Vol: 27
Perc Index: 28
1107.15000 – Withdrawal of Appeal; Request that Decision be Vacated
The Board granted the District’s request to withdraw the exceptions, finding that such withdrawal is appropriate and consistent with the purposes of the MMBA. When a party requests to withdraw its exceptions to an ALJ’s proposed decision, there is no prejudice to the opposing party in granting the request if the opposing party has filed a response to the exceptions indicating its agreement with the ALJ’s proposed decision and the opposing party has not opposed the request.
1503.03000 – Regulations Considered (By Number) (Continued)
PERB Regulation 32320(a) grants the Board discretion to allow a party to withdraw exceptions to an ALJ’s proposed decision.