Decision 2481H – Regents of the University of California (Los Angeles)

PERB Regulation 32150 provides that, before the hearing has commenced, the Board shall issue subpoenas at the request of any party for attendance of witnesses or production of documents at the hearing. The regulation also provides that compliance with the provisions of section 1985 of the Code of Civil Procedure shall be a condition precedent to the issuance of a subpoena for production of documents. After the hearing has begun, a decision to issue subpoenas is left to the sound discretion of the hearing officer. Board declined to disturb ALJ’s ruling denying charging party’s request, made on the last day of presenting his case-in-chief, for production of documents to attack witness credibility. Despite being a self-represented layperson, charging party was familiar with PERB’s unfair practice proceedings from a previous case.

PERB Regulation 32150 provides that, before the hearing has commenced, the Board shall issue subpoenas at the request of any party for attendance of witnesses or production of documents at the hearing. The regulation also provides that compliance with the provisions of section 1985 of the Code of Civil Procedure shall be a condition precedent to the issuance of a subpoena for production of documents. After the hearing has begun, a decision to issue subpoenas is left to the sound discretion of the hearing officer. Board declined to disturb ALJ’s ruling denying charging party’s request, made on the last day of presenting his case-in-chief, for production of documents to attack witness credibility. Despite being a self-represented layperson, charging party was familiar with PERB’s unfair practice proceedings from a previous case, including his burden of presenting competent evidence to support each element of the prima facie case.

PERB Regulation 32150 provides that, before the hearing has commenced, the Board shall issue subpoenas at the request of any party for attendance of witnesses or production of documents at the hearing. The regulation also provides that compliance with the provisions of section 1985 of the Code of Civil Procedure shall be a condition precedent to the issuance of a subpoena for production of documents. After the hearing has begun, a decision to issue subpoenas is left to the sound discretion of the hearing officer. Board declined to disturb ALJ’s ruling denying charging party’s request, made on the last day of presenting his case-in-chief, for production of documents to attack witness credibility. Despite being a self-represented layperson, charging party was familiar with PERB’s unfair practice proceedings from a previous case.

Although PERB follows the policy of California courts favoring resolution of disputes on their merits and against depriving a party of the right to appeal because of technical noncompliance in matters of form, failure to comply with even the most basic requirements of PERB’s regulation governing exceptions may result in dismissal without Board review of the merits of the excepting party’s claims. Board declined to address charging party’s exceptions or overturn the ALJ’s credibility determinations where charging party failed to cite to the applicable portion of the record, attempted to introduce evidence outside the record, or merely repeated arguments already adequately addressed by the proposed decision.

Although PERB follows the policy of California courts favoring resolution of disputes on their merits and against depriving a party of the right to appeal because of technical noncompliance in matters of form, failure to comply with even the most basic requirements of PERB’s regulation governing exceptions may result in dismissal without Board review of the merits of the excepting party’s claims. Board declined to address charging party’s exceptions or overturn the ALJ’s credibility determinations where charging party failed to cite to the applicable portion of the record, attempted to introduce evidence outside the record, or merely repeated arguments already adequately addressed by the proposed decision.

PERB Regulation 32150 provides that, before the hearing has commenced, the Board shall issue subpoenas at the request of any party for attendance of witnesses or production of documents at the hearing. The regulation also provides that compliance with the provisions of section 1985 of the Code of Civil Procedure shall be a condition precedent to the issuance of a subpoena for production of documents. After the hearing has begun, a decision to issue subpoenas is left to the sound discretion of the hearing officer. Board declined to disturb ALJ’s ruling denying charging party’s request, made on the last day of presenting his case-in-chief, for production of documents to attack witness credibility. Despite being a self-represented layperson, charging party was familiar with PERB’s unfair practice proceedings from a previous case. PERB Regulation 32300 requires the party filing exceptions to a proposed decision to include: (1) a statement of the specific issues of procedure, fact, law or rationale to which each exception is taken; (2) identify the page or part of the decision to which each exception is taken; (3) designate the portions of the record relied upon; and (4) state the grounds for each exception. Board declined to address charging party’s exceptions or overturn the ALJ’s credibility determinations where charging party failed to cite to the applicable portion of the record, attempted to introduce evidence outside the record, or merely repeated arguments already adequately addressed by the proposed decision.

PERB Regulation 32150 provides that, before the hearing has commenced, the Board shall issue subpoenas at the request of any party for attendance of witnesses or production of documents at the hearing. The regulation also provides that compliance with the provisions of section 1985 of the Code of Civil Procedure shall be a condition precedent to the issuance of a subpoena for production of documents. After the hearing has begun, a decision to issue subpoenas is left to the sound discretion of the hearing officer. Board declined to disturb ALJ’s ruling denying charging party’s request, made on the last day of presenting his case-in-chief, for production of documents to attack witness credibility. Despite being a self-represented layperson, charging party was familiar with PERB’s unfair practice proceedings from a previous case. PERB Regulation 32300 requires the party filing exceptions to a proposed decision to include: (1) a statement of the specific issues of procedure, fact, law or rationale to which each exception is taken; (2) identify the page or part of the decision to which each exception is taken; (3) designate the portions of the record relied upon; and (4) state the grounds for each exception. Board declined to address charging party’s exceptions or overturn the ALJ’s credibility determinations where charging party failed to cite to the applicable portion of the record, attempted to introduce evidence outside the record, or merely repeated arguments already adequately addressed by the proposed decision.

PERB Regulation 32150 provides that, before the hearing has commenced, the Board shall issue subpoenas at the request of any party for attendance of witnesses or production of documents at the hearing. The regulation also provides that compliance with the provisions of section 1985 of the Code of Civil Procedure shall be a condition precedent to the issuance of a subpoena for production of documents. After the hearing has begun, a decision to issue subpoenas is left to the sound discretion of the hearing officer. Board declined to disturb ALJ’s ruling denying charging party’s request, made on the last day of presenting his case-in-chief, for production of documents to attack witness credibility. Despite being a self-represented layperson, charging party was familiar with PERB’s unfair practice proceedings from a previous case. PERB Regulation 32300 requires the party filing exceptions to a proposed decision to include: (1) a statement of the specific issues of procedure, fact, law or rationale to which each exception is taken; (2) identify the page or part of the decision to which each exception is taken; (3) designate the portions of the record relied upon; and (4) state the grounds for each exception. Board declined to address charging party’s exceptions or overturn the ALJ’s credibility determinations where charging party failed to cite to the applicable portion of the record, attempted to introduce evidence outside the record, or merely repeated arguments already adequately addressed by the proposed decision.