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 32312 - Reply Briefs
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Within 10 days following the date of service of the response to its exceptions or cross-exceptions, a party may file with the Board itself a reply brief of no more than 5,000 words. A reply brief may contain a table of contents and table of authorities, but such tables, if any, shall not count toward the word limit. A request for permission to file a reply brief exceeding 5,000 words must be filed with the Board itself and served on all parties pursuant to Section 32140 no later than five days before the brief is due. The request must establish good cause to permit a longer reply brief. The party requesting to exceed the word limit may not file its reply brief until the Board rules on the request.
(b) Subsections (c) through (e) of Section 32300 shall apply to a reply brief. The reply brief shall be filed with the Board itself in the headquarters office pursuant to Section 32135. Service and proof of service of the reply brief pursuant to Section 32140 are required.
(c) The Board itself may exercise its discretion to consider a reply brief in support of exceptions or cross-exceptions if (1) the response has raised new issues, discussed new case law, or formulated a new defense, or (2) the Board otherwise determines that consideration of the reply would assist the Board in deciding the case. The Board itself has discretion to disregard a reply brief if neither of these criteria is satisfied.
1. New section 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.
2. 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), 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 I, 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), 3563(j), 3563(m), 71639.1 and 71825, Government Code; and Sections 25052, 28851, 30751, 40122, 50121, 70122, 90300, 95651, 98162.5, 99561(j), 99561(m), 100301, 101344, 102403, 103401, 120505 and 125521, Appendix I, Section 4.4 and Appendix 2, Section 13.91, Public Utilities Code.
