Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) All documents referred to in these regulations requiring "service," except subpoenas, shall be considered "served" by the Board or a party when personally delivered, when deposited in the mail or with a delivery service properly addressed, or when sent by electronic service, as defined by Section 32093, and authorized in subsection (b) of this section. All documents required to be served shall include a "proof of service" declaration signed under penalty of perjury which contains the following information:
(1) The name of the declarant;
(2) the county and state in which the declarant is employed or resides;
(3) a statement that the declarant is over the age of 18 years;
(4) the address of the declarant;
(5) a description of the documents served;
(6) the method of service and a statement that any postage or other costs were prepaid;
(7) the name(s), address(es) and, if applicable, electronic mail address(es) used for service on the party(ies); and
(8) the date of service.
(b) Electronic service of a document is authorized only when a party has agreed to accept service electronically in that action. A party indicates that the party agrees to accept electronic service by:
(1) Serving a notice on all parties that the party accepts electronic service and filing the notice with the Board. The notice must include the electronic mail address at which the party agrees to accept service; or
(2) Electronically filing any document with the Board. The act of electronic filing is evidence that the party agrees to accept service at the electronic mail address the party has furnished to the Board.
(c) Whenever "service" is required by these regulations, service shall be on all parties to the proceeding and shall be concurrent with the filing in question.
(d) Whenever a document is required to be "filed" or "served" with any of the below listed entities, the proper recipient shall be:
(1) The Board: the appropriate or designated regional office (see, e.g. Section 32075) unless the headquarters office is specified, or the document is filed through e-PERB;
(2) The Board itself: only at the headquarters office unless the document is filed through e-PERB;
(3) An employer
(A) in the case of a public school employer: the superintendent, deputy superintendent, or a designated representative of a school district; or other public school employer under the Board's jurisdiction; or to the school board at a regular or extraordinary meeting;
(B) in case of a state employer: The Governor or their designated representative on behalf of the State of California;
(C) in the case of a higher education employer:
(i) If the employer is the Regents of the University of California, the Office of the General Counsel of the University;
(ii) If the employer is the Directors of the University of California College of the Law, San Francisco (formerly known as Hastings College of the Law), the Office of the General Counsel of the University of California College of the Law, San Francisco;
(iii) If the employer is the Trustees of the California State University for unfair practice proceedings, service shall be on the Office of the General Counsel of the California State University; for representation proceedings, filing or service shall be on the Office of the Director of Employee Relations.
(D) in the case of a public agency employer as defined in Government Code section 3501(c): the chief executive officer, chief legal counsel, or individual whose job responsibilities includes receiving official documents on behalf of the chief executive officer, governing board, or chief legal counsel.
(E) in the case of a transit district employer as defined in Public Utilities Code section 99560.1(g), any person authorized to act on behalf of the employer.
(F) in the case of a trial court employer as defined in Government Code section 71601(k) or 71801(k): the individual designated to receive service or the executive officer.
(G) in the case of a regional committee employer as defined in Government Code section 71801(h) and 71807: the individual designated to receive service or the chair of the regional committee.
(H) in the case of the Judicial Council: the Administrative Director of the Courts or their designated representative.
(I) in the case of a PUC transit district employer as defined in Public Utilities Code sections 28848(a), 40122.1(a), and 102011, any person authorized to act on behalf of the employer.
(4) An employee organization: the individual designated to receive service or to the president or if there is no president, an officer of the organization.
(5) An individual: to the named person or to their representative of record.
(e) Documents filed electronically with PERB will be deemed to have been served with the appropriate recipient, except:
(1) all initial filings with PERB must be served by personal delivery, mail or through another delivery service properly addressed, and
(2) electronic service shall not qualify as sufficient for service on an unrepresented individual party who has declined to use e-PERB as permitted by section 32110 of PERB's regulations.
Note: Authority cited: Sections 3509(a), 3513(h), 3524.52(a), 3541.3(g), 3551(a), 3555.5(c), 3563(f), 3603, 71639.1(b) and 71825(b), Government Code; and Sections 28849(b), 30751, 40122, 40122.1(a), 70122, 90300, 98162.5, 99561(f), 100301, 101344, 102399(b), 102403, 103401, 120505, 125521, Appendix 1, Section 4.4 and Appendix 2, Section 13.91, Public Utilities Code. Reference: Sections 3509, 3513(h), 3524.52(a), 3541.3(n), 3551(a), 3555.5(c), 3563(m), 71639.1 and 71825, Government Code; and Sections 25052, 28849(b), 28851, 37051, 40122, 40122.1(a), 50121, 70122, 90300, 95651, 98162.5, 99561(m), 100301, 101344, 102399(b), 102403, 103401, 120505, 125521, Appendix 1, Section 4.4 and Appendix 2, Section 13.91, Public Utilities Code.
Note: Authority cited: Sections 3509(a), 3513(h), 3524.52(a), 3541.3(g), 3551(a), 3555.5(c), 3563(f), 71639.1(b) and 71825(b), Government Code; and Section 99561(f), Public Utilities Code. Reference: Sections 3509, 3513(h), 3524.52(a), 3541.3(n), 3551(a), 3555.5(c), 3563(m), 71639.1 and 71825, Government Code; and Section 99561(m), Public Utilities Code.
