Decision A469M – County of Riverside
LA-CE-1168-M et al.
Decision Date: November 14, 2018
Decision Type: Administrative Appeal
Perc Vol: 43
Perc Index: 75
Decision Headnotes
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.
1104.07000 – 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.
1107.16000 – 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.
1107.16000 – 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.
1107.16000 – 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.