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 32310 - Response to Exceptions
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Within 20 days following the date of service of the statement of exceptions, any party may file with the Board itself a response to the statement of exceptions. The response shall be filed with the Board itself in the headquarters office pursuant to Section 32135.
(b) The response shall clearly and concisely state why the exceptions should not be granted. The response shall cite to relevant legal authority to support legal arguments and shall cite to the relevant exhibit or transcript page in the case record to support factual arguments. Subsections (b) through (f) of Section 32300 shall apply to a response to exceptions. Absent good cause, a response to exceptions that does not comply with these requirements will not be considered by the Board itself.
(c) The response may contain a statement of any cross-exceptions the responding party wishes to take to the proposed decision. Any such statement of cross-exceptions shall comply with the requirements of Section 32300, except that a party that is both responding to exceptions and filing cross-exceptions shall be permitted to submit up to 28,000 words total, including footnotes, without requesting permission.
(d) A response to cross-exceptions may be filed within 20 days. Such response shall comply with the provisions of this Section.
(e) Service and proof of service of these documents pursuant to Section 32140 are required.
1. Amendment filed 6-18-80; effective thirtieth day thereafter (Register 80, No. 25).
2. Amendment filed 9-20-82; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 82, No. 39).
3. Change without regulatory effect amending NOTE filed 2-15-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 7).
4. 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 A Certificate of Compliance must be transmitted to OAL by 10-29-2001 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 6-11-2001 order transmitted to OAL 10-18-2001 and filed 12-4-2001 (Register 2001, No. 49).
6. 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.
7. Certificate of Compliance as to 2-2-2004 order transmitted to OAL 5-4-2004 and filed 6-8-2004 (Register 2004, No. 24).
8. 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.
9. 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.
10. Certificate of Compliance as to 12-27-2004 order transmitted to OAL 4-26-2005 and filed 5-31-2005 (Register 2005, No. 22).
11. Amendment of NOTE filed 3-18-2013; operative 7-1-2013 (Register 2013, No. 12).
12. 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.
13. Certificate of Compliance as to 12-6-2013 order transmitted to OAL 5-29-2014 and filed 7-10-2014 (Register 2014, No. 28).
14. Change without regulatory effect amending NOTE filed 5-8-2018 pursuant to section 100, title 1, California Code of Regulations (Register 2018, No. 19).
15. Amendment of NOTE filed 12-27-2019; operative 4-1-2020 (Register 2019, No. 52).
16. 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.
17. 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.
