Decision 2058Ma – San Bernardino County Public Defender
Decision Date: October 30, 2009
Decision Type: PERB Decision
Description: The Board denied the charging party’s request for reconsideration.
Disposition: The Board held that the request failed to meet the requirements for reconsideration set forth in PERB Regulation 32410.
Perc Vol: 33
Perc Index: 180
1107.10000 – Request for Reconsideration
Pursuant to PERB Regulation 32410, a party seeking reconsideration must show either the decision of the Board itself contains prejudicial errors of fact, or the party has newly discovered evidence which was not previously available and could not have been discovered with the exercise of reasonable diligence. Simply arguing the same facts that were presented to the Board on appeal does not meet the requirements of PERB Regulation 32410.