California Code of Regulations
Title 8 - Industrial Relations
Division 3 - Public Employment Relations Board
Chapter 1 - Public Employment Relations Board
Subchapter 4 - Decisions of the Board Itself
Article 2 - Appeal of Board Agent Decision to the Board Itself
Section 32300 - Exceptions to Board Agent Decision

Universal Citation: 8 CA Code of Regs 32300

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) A party may file with the Board itself a statement of exceptions to a Board agent's proposed decision issued pursuant to Section 32215 within 20 days following the date of service of the decision, or as provided in Section 32310. The statement of exceptions shall be filed with the Board itself in the headquarters office pursuant to Section 32135. Service and proof of service of the statement of exceptions pursuant to Section 32140 are required. The statement of exceptions shall:

(1) clearly and concisely state why the proposed decision is in error;

(2) cite to the relevant exhibit or transcript page in the case record to support factual arguments; and

(3) cite to relevant legal authority to support legal arguments.

(b) A statement of exceptions shall be a single integrated document that must not exceed 14,000 words, including footnotes. A statement of exceptions may be in the form of a brief and may contain tables of contents and authorities. Tables of contents and tables of authorities do not count toward the word limit.

(1) in the record of the case, and

(2) of which administrative notice may properly be taken.

(d) Absent good cause, a statement of exceptions that does not comply with this Section will not be considered by the Board itself.

(e) Absent good cause, the Board itself will not consider:

(1) issues and arguments not raised in the statement of exceptions, or

(2) arguments raised in the statement of exceptions that do not impact the outcome of a case. This subsection shall not preclude the Board itself from applying the unalleged violations doctrine or making sua sponte findings of fact or conclusion of law.

(f) A request for permission to file a statement of exceptions exceeding 14,000 words must be filed with the Board itself and served on all parties pursuant to Section 32140 no later than five days before the exceptions are due. The request must establish good cause to permit a longer statement of exceptions. The party requesting to exceed the word limit may not file its exceptions until the Board rules on the request.

1. New Article 3 (Sections 32300-32320, not consecutive) filed 3-15-78 as an emergency; designated effective 3-20-78 (Register 78, No. 11).
2. Certificate of Compliance transmitted to OAH 7-17-78; filed 7-19-78 (Register 78, No. 27).
3. Redesignation of Sections 32300-32599, not consecutive, as Division 1, Chapter 4 filed 7-6-78 as an emergency; effective upon filing (Register 78, No. 27).
4. Amendment of subsection (a) filed 7-6-78 as an emergency; effective upon filing (Register 78, No. 27).
5. Certificate of Compliance as to filings of 7-6-78 filed 10-19-78 (Register 78, No. 42).
6. Amendment filed 6-18-80; effective thirtieth day thereafter (Register 80, No. 25).
7. Amendment filed 9-20-82; effective upon filing pursuant to Government Code Section 11346.2 (d) (Register 82, No. 39).
8. Amendment filed 10-10-85; effective thirtieth day thereafter (Register 85, No. 41).
9. Renumbering of former article 2 to article 3 and renumbering of former article 1 to new article 2 filed 1-8-99; operative 2-7-99 (Register 99, No. 2).
10. Change without regulatory effect amending NOTE filed 2-15-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 7).
11. Amendment of NOTE filed 6-11-2001 as an emergency; operative 7-1-2001 (Register 2001, No. 24). A Certificate of Compliance must be transmitted to OAL by 10-29-2001 or emergency language will be repealed by operation of law on the following day.
12. Certificate of Compliance as to 6-11-2001 order transmitted to OAL 10-18-2001 and filed 12-4-2001 (Register 2001, No. 49).
13. Amendment of NOTE filed 2-2-2004 as an emergency; operative 2-2-2004 (Register 2004, No. 6). A Certificate of Compliance must be transmitted to OAL by 6-1-2004 or emergency language will be repealed by operation of law on the following day.
14. Certificate of Compliance as to 2-2-2004 order transmitted to OAL 5-4-2004 and filed 6-8-2004 (Register 2004, No. 24).
15. Amendment of NOTE filed 8-30-2004 as an emergency; operative 8-30-2004 (Register 2004, No. 36). A Certificate of Compliance must be transmitted to OAL by 12-28-2004 or emergency language will be repealed by operation of law on the following day.
16. Amendment of NOTE refiled 12-27-2004 as an emergency; operative 12-29-2004 (Register 2004, No. 53). A Certificate of Compliance must be transmitted to OAL by 4-28-2005 or emergency language will be repealed by operation of law on the following day.
17. Certificate of Compliance as to 12-27-2004 order transmitted to OAL 4-26-2005 and filed 5-31-2005 (Register 2005, No. 22).
18. Amendment of NOTE filed 3-18-2013; operative 7-1-2013 (Register 2013, No. 12).
19. Amendment of NOTE filed 12-6-2013 as an emergency; operative 12-6-2013 pursuant to Government Code section 110035.5 (Register 2013, No. 51). This regulatory action is deemed an emergency exempt from OAL review and was filed directly by the agency with the Secretary of State pursuant to Government Code section 110035.5. A Certificate of Compliance must be transmitted to OAL by 6-4-2014 or emergency language will be repealed by operation of law on the following day.
20. Certificate of Compliance as to 12-6-2013 order transmitted to OAL 5-29-2014 and filed 7-10-2014 (Register 2014, No. 28).
21. Change without regulatory effect amending NOTE filed 5-8-2018 pursuant to section 100, title 1, California Code of Regulations (Register 2018, No. 19).
22. Amendment of NOTE filed 12-27-2019; operative 4-1-2020 (Register 2019, No. 52).
23. Amendment filed 10-20-2021; operative 1-1-2022 (Register 2021, No. 43). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20.
24. Amendment of NOTE filed 4-18-2023; operative 7-1-2023 (Register 2023, No. 16).

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 30751, 40122, 70122, 90300, 98162.5, 99561(f), 100301, 101344, 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(k), 3541.3(n), 3551(a), 3555.5(c), 3563(j), 3563(m), 71639.1 and 71825, Government Code; and Sections 4.4, 13.91, 25052, 28851, 30751, 40122, 50121, 70122, 90300, 95651, 98162.5, 99561(j), 99561(m), 100301, 101344, 102403, 103401, 120505 and 125521, Public Utilities Code.

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