Decision A469M – County of Riverside

LA-CE-1168-M et al.

Decision Date: November 14, 2018

Decision Type: Administrative Appeal

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Perc Vol: 43
Perc Index: 75

Decision Headnotes

1104.00000 – CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ
1104.07000 – Bias or Prejudice/Motion to Disqualify

PER Regulation 32155 does not empower an ALJ or other Board agent to rule on whether a Board member or the entire Board itself should be disqualified.

1104.00000 – CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ
1104.07000 – Bias or Prejudice/Motion to Disqualify

Bias demonstrated by the General Counsel or the Board itself is not imputable to the ALJs. The ALJs play no part in decisions of the General Counsel or the Board, and neither the Board nor the General Counsel has any role in the ALJs’ decisionmaking processes.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.16000 – Disqualification or Bias of Board Agent

The Board may deny special permission to appeal the denial of a request for disqualification when it would not effectuate the purposes of the applicable statute to allow the appeal. The Board granted special permission, in the unique circumstances of this case, based on the number of consolidated cases involved and the nature of the of the arguments for recusal.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.16000 – Disqualification or Bias of Board Agent

Request for recusal of a Board member is premature when the case is pending before an ALJ or Board agent.

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.16000 – Disqualification or Bias of Board Agent

Neither the Board’s decision to seek injunctive relief against alleged unfair practices, nor statements by the General Counsel in pursuing injunctive relief, indicated that the Board itself had a fixed anticipatory prejudgment of the merits of the cases, where the statements by the General Counsel were grounded in the standards for obtaining injunctive relief.