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Rulemaking: Expedited Case Processing

Notice of Approval of Proposed Regulatory Action

In this rulemaking action, the Public Employment Relations Board (PERB) specifies the procedures for requesting expedited case processing and the procedures for documenting that a case is subject to expedited processing. The rulemaking action also addresses the finality of Board Agent decisions. OAL approves this regulatory action pursuant to section 11349.3 of the Government Code.

This regulatory action becomes effective on 8/8/2023.

Notice of Approval and Text of the Regulations – contains information about the regulatory changes, effective date and the text of the regulation.

Notice of Proposed Regulatory Action – Notice File Number Z2022-1011-01

The proposed amendments update the Board’s rules that govern expediting matters at each division of PERB’s proceedings, as well as procedures concerning the finality of Board agent decisions in certain representation matters. These amendments are intended to fill gaps, resolve ambiguities, and simplify the Board’s procedures and processes for case adjudication to make the expediting process more understandable to attorneys and non-attorneys alike.

Notice of Modifications to Text of Proposed Regulations and Addition of Document to the Rulemaking File: Expedited Case Processing

Pursuant to the requirements of Government Code section 11346.8(c), and section 44 of Title 1 of the California Code of Regulations, the Public Employment Relations Board (PERB or Board) is providing notice of changes made to amended regulation sections 32147 and 32305, which were subject to a previous 46-day notice period that closed on December 6, 2022.
Pursuant to the requirements of Government Code sections 11346.8(d) and 11347.1, PERB is providing notice that an Addendum to the Initial Statement of Reasons has been added to the rulemaking file and is available for public inspection and comment. The document is available for public inspection on PERB’s website at www.perb.ca.gov, and at PERB’s office between the hours of 8:00 a.m. and 5:00 p.m. at the following address:
Public Employment Relations Board
1031 18th Street
Sacramento, CA 95811
If you have any comments regarding the proposed text changes or the Addendum to the Initial Statement of Reasons, the Board will accept written comments between May 5, 2023, and May 22, 2023. All written comments must be submitted to the Board by facsimile (FAX) at (916) 327-6377 or by e-mail at james.coffey@perb.ca.gov., no later than May 22, 2023, and addressed to:
James E. Coffey, Senior Regional Attorney
Public Employment Relations Board
1031 18th Street
Sacramento, CA 95811
(916) 584-5676
E-mail: james.coffey@perb.ca.gov
All written comments received by May 22, 2023, which pertain to the indicated changes will be reviewed and responded to by PERB’s staff as part of the compilation of the rulemaking file. Please limit your comments on the text to the modifications illustrated in double underline/double strikeout.
Notice of Modifications to Text of Proposed Regulations and Addition of Document to the Rulemaking File – contains information about the proposed regulatory changes and procedural information.
Updated Proposed Regulatory Text – the amended text of the proposed regulation.
Addendum to Initial Statement of Reasons – explains the reasons why the proposed regulatory changes are being made.
Notice of Proposed Regulatory Action – Notice File Number Z2022-1011-01

Any interested person, or his or her authorized representative, may submit written comments relevant to the proposed regulatory action to the Board. The written comment period closed on December 6, 2022, which was 46 days after the publication of this notice. The Board will only consider comments received at the Board offices by that time. Comments may be submitted by facsimile (FAX) at (916) 327-6377 or by e-mail at james.coffey@perb.ca.gov. Via mail, written comments may be submitted to: James Coffey, Senior Regional Attorney Public Employment Relations Board 1031 18th Street Sacramento, CA 95811

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.

Preliminary Rulemaking Activity – Board approved proposed text at 12/9/2021 Board Meeting. PERB staff is preparing background materials in preparation of initiating the formal rulemaking process with the Office of Administrative Law.
Preliminary Rulemaking Public Comment Received: