Rulemaking Approved: Miscellaneous Case Processing Procedures
On May 28, 2026, the Office of Administrative Law filed PERB’s regulations with the Secretary of State (Notice File Number Z-2025-0430-02). New regulations concerning a non-substantive update to the subpoena regulations will take effect on July 1, 2026. The Notice of Approval of Regulatory Action along with the text of the approved regulations are below.
Notice of Approval of Regulatory Action and Approved Text
Revised Final Statement of Reasons
Formal Rulemaking Activity:
On April 17, 2026, PERB submitted its rulemaking package to the Office of Administrative Law for final approval.
Any business or person submitting a comment regarding a proposed action has the right to request a copy of the final statement of reasons.
A copy of the final statement of reasons and the proposed text of the regulations is below.
Express Terms of the Proposed Regulatory Text
Prior Activities:
The public comment period closed on April 8, 2026. PERB staff is preparing the rulemaking package for its final submission to the Office of Administrative Law.
NOTICE OF PROPOSED RULEMAKING: Case Processing Procedures – Notice File Number Z-2025-0430-02
This rulemaking package updates the Public Employment Relations Board’s regulations regarding case processing procedures.
Proposed section 32161 would establish rules governing the identification of participants and observers in PERB proceedings, as well as the recording, photographing, and broadcasting of PERB proceedings.
Section 32150, subdivision (f), governs production schedules for records subpoenas. The proposed amendment would correct a scrivener’s error that incorrectly cites to a subdivision relating to motions to revoke or limit testimonial subpoenas.
Section 32635 governs the appeal of dismissals of unfair practice charges and responses to such appeals. The proposed amendments provide guidance as to the formatting of an appeal and a response to an appeal; provide guidance as to the content of a response to an appeal; establish word limits for appeals and responses; establish a procedure for requesting to file longer appeals or responses; establish a procedure for requesting to file a reply to a response; and include minor edits for readability and consistency.
The Express Terms of the Proposed Regulatory Text, the Notice of Modifications to Text of Proposed Regulations, the initial Notice of Proposed Regulatory Action, and the Initial Statement of Reasons are 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
Any interested person, or their authorized representative, may submit written comments relevant to the proposed regulatory action to the Board at the mailing address below. Comments may also be submitted by facsimile (FAX) at (916) 327-6377 or by e-mail to james.coffey@perb.ca.gov. The written comment period closes on April 8, 2026, which is 15 days after the publication of this notice. The Board will only consider comments received at the Board offices by that time. Submit written comments to:
James E. Coffey, Principal Attorney Supervisor
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 April 8, 2026, 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 comments on the text to the modifications illustrated in double underline/double strikeout.
Express Terms of the Proposed Regulatory Text – the text of the proposed regulations.
Notice of Modification to Text of Proposed Regulations – contains information about the proposed regulatory changes and procedural information.
Effective October 20, 2025, PERB withdrew its final submission for this rulemaking package that was pending before the Office of Administrative Law. PERB staff is modifying the rulemaking package for final submission at a later date to be determined.
On September 9, 2025, PERB submitted its final rulemaking package to the Office of Administrative Law.
The Notice and Comment period closed on July 2, 2025. PERB is no longer accepting public comments concerning these proposed regulations. PERB staff is preparing the final rulemaking package for submission to the Office of Administrative Law.
NOTICE OF PROPOSED RULEMAKING: Case Processing Procedures – Notice File Number Z-2025-0430-02
This rulemaking package updates the Public Employment Relations Board’s regulations regarding case processing procedures.
Proposed section 32161 would establish rules governing the identification of participants and observers in PERB proceedings, as well as the recording, photographing, and broadcasting of PERB proceedings.
Section 32150, subdivision (f), governs production schedules for records subpoenas. The proposed amendment would correct a scrivener’s error that incorrectly cites to a subdivision relating to motions to revoke or limit testimonial subpoenas.
Section 32635 governs the appeal of dismissals of unfair practice charges and responses to such appeals. The proposed amendments provide guidance as to the formatting of an appeal and a response to an appeal; provide guidance as to the content of a response to an appeal; establish word limits for appeals and responses; establish a procedure for requesting to file longer appeals or responses; establish a procedure for requesting to file a reply to a response; and include minor edits for readability and consistency.
The Express Terms of the Proposed Regulatory Text, the Notice of Proposed Regulatory Action, and the Initial Statement of Reasons are available for public inspection below 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
Any interested person, or his or her authorized representative, may submit written comments relevant to the proposed regulatory action to the Board. Comments may also be submitted by facsimile (FAX) at (916) 327-6377 or by e-mail to sara.kang@perb.ca.gov. The written comment period closes at 5:00 p.m. on Wednesday, July 2, 2025, which is 47 days after the publication of this notice. The Board will only consider comments received at the Board offices by that time. Submit written comments to:
Sara Rhee, Senior Regional Attorney
Public Employment Relations Board
425 W. Broadway, Suite 400
Glendale, CA 91204
E-Mail: sara.kang@perb.ca.gov
All written comments received by July 2, 2025, 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 comments on the text to the modifications illustrated in single underline/single strikeout.
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 regulations.
Initial Statement of Reasons – explains why the proposed regulatory changes are being made.
Preliminary Rulemaking Activity: At the April 11, 2024, Board meeting, the Board approved the submission of the proposed amendment to the Production Schedule for Records Subpoenas regulation to the Office of Administrative Law.