Decision A495H – Regents of the University of California (San Francisco)
SF-CE-1221-H
Decision Date: October 4, 2022
Decision Type: Administrative Appeal (Non-Precedential)
Description: Charging Party Stephen Malloy filed an interlocutory appeal of an Administrative Law Judge’s (ALJ) denial of his requests for disability accommodation. Malloy’s accommodation requests seek PERB’s appointment of counsel to represent Malloy at hearing and issuance of a protective order insulating Malloy from providing testimony. The ALJ certified Malloy’s interlocutory appeal to the Board itself on August 26, 2022, pursuant to PERB Regulation 32200. The formal hearing for the case is scheduled to begin on October 10, 2022. Because the interlocutory appeal raises issues that could fundamentally impact the parties’ ability to present their cases at hearing, the Board immediately stayed all activity in the Division of Administrative Law.
Disposition: In a non-precedential order, the Board stayed all proceedings in the Division of Administrative Law pending the Board’s resolution of the interlocutory appeal.
Perc Vol: 47
Perc Index: 65