Rulemaking: Continuances, Exceptions, Recusals, Subpoenas, SMCS

Notice of Approval of Regulatory Action

The Office of Administrative Law approved OAL File Number 2021-0823-02. This rulemaking action updates regulations that govern (1) the circumstances requiring Board members and employees to recuse themselves from proceedings; (2) the filing of exceptions to Proposed Decisions; (3) the use of subpoenas and motions in formal hearings; (4) standards for obtaining continuances of a formal hearing; and more.

These regulatory changes mark the continued enactment of priority recommendations from PERB’s Case Processing Efficiency Initiative.

The regulations become effective on January 1, 2022 and the strikeout/underline text can be found here.

Notice of Proposed Regulatory Action – contains information about the proposed regulatory changes and procedural information.
Express Terms of the Proposed Regulatory Text – the text of the proposed regulation.

Initial Statement of Reasons – explains the reasons why the proposed regulatory changes are being made.

The public comment period closed on Monday, July 26, 2021.