Decision A382S – State of California (Department of Corrections and Rehabilitation) * * * PARTIALLY SUPERSEDED by PERB Regulation 32170(b)(12) and Pasadena Area Community College District (2022) PERB Order No. Ad-490
SA-CE-1640-S
Decision Date: December 30, 2009
Decision Type: Administrative Appeal
* * * PARTIALLY SUPERSEDED by PERB Regulation 32170(b)(12) and Pasadena Area Community College District (2022) PERB Order No. Ad-490 * * *
Description: Woods appealed the Appeals Assistant’s rejection of an exhibit attached to her exceptions.
Disposition: The Board affirmed the rejection of the exhibit because it was not served on the respondent and PERB regulations do not provide for service of documents under seal to the Board.
Perc Vol: 34
Perc Index: 44
Decision Headnotes
104.01000 – Authority of Board In General; Validity and Application of Regulations (See also 102.01)
* * * SUPERSEDED IN PART by PERB Regulation 32170(b)(12) and Pasadena Area Community College District (2022) PERB Order No. Ad-490, which provide that a Board agent conducting a hearing has the authority to review potential evidence in camera. * * *
PERB may not modify its regulations by decisional law. In absence of regulation allowing filing of documents under seal, Appeals Assistant properly rejected sealed exhibit that was not served on opposing party.
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
* * * SUPERSEDED IN PART by PERB Regulation 32170(b)(12) and Pasadena Area Community College District (2022) PERB Order No. Ad-490, which provide that a Board agent conducting a hearing has the authority to review potential evidence in camera. * * *
Appeals Assistant properly rejected sealed exhibit that was not served on opposing party. Documents may not be filed under seal with PERB because no regulation allows such filing. Without service on opposing party, exhibit would have violated the prohibition against ex parte communications in PERB Regulation 32295. Filing party given 20 days to file exhibit in compliance with the service requirements in PERB Regulations 32300 and 32140.
1107.20000 – Other
* * * SUPERSEDED IN PART by PERB Regulation 32170(b)(12) and Pasadena Area Community College District (2022) PERB Order No. Ad-490, which provide that a Board agent conducting a hearing has the authority to review potential evidence in camera. * * *
Appeals Assistant properly rejected sealed exhibit that was not served on opposing party. Documents may not be filed under seal with PERB because no regulation allows such filing. Without service on opposing party, exhibit would have violated the prohibition against ex parte communications in PERB Regulation 32295. Filing party given 20 days to file exhibit in compliance with the service requirements in PERB Regulations 32300 and 32140.
1503.01000 – In General
* * * SUPERSEDED IN PART by PERB Regulation 32170(b)(12) and Pasadena Area Community College District (2022) PERB Order No. Ad-490, which provide that a Board agent conducting a hearing has the authority to review potential evidence in camera. * * *
PERB may not modify its regulations by decisional law. In absence of regulation allowing filing of documents under seal, Appeals Assistant properly rejected sealed exhibit that was not served on opposing party.
1503.02000 – Regulations Considered (By Number)
* * * SUPERSEDED IN PART by PERB Regulation 32170(b)(12) and Pasadena Area Community College District (2022) PERB Order No. Ad-490, which provide that a Board agent conducting a hearing has the authority to review potential evidence in camera. * * *
Phone call to Appeals Assistant requesting a copy of exhibit not served on requesting party did not violate prohibition on ex parte communications in PERB Regulation 32295. Rejection of sealed exhibit not served on opposing party and filed for the purpose of in camera review by the Board was necessary to prevent ex parte communication in violation of PERB Regulation 32295.