California Code of Regulations
Title 8 - Industrial Relations
Division 3 - Public Employment Relations Board
Chapter 1 - Public Employment Relations Board
Subchapter 5 - Unfair Practice Proceedings
Section 32635 - Review of Dismissals

Universal Citation: 8 CA Code of Regs 32635

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

(a) Within 20 days of the date of service of a dismissal, the charging party may file an appeal of the dismissal with the Board itself. Service and proof of service of the appeal on the respondent pursuant to Section 32140 are required.

The Appeal shall:

(1) State the specific issues of procedure, fact, law or rationale to which the appeal is taken;

(2) Identify the page or part of the dismissal to which each appeal is taken;

(3) State the grounds for each issue stated.

(b) Unless good cause is shown, a charging party may not present on appeal new charge allegations or new supporting evidence.

(c) If the charging party files a timely appeal of the dismissal, any other party may file a statement in opposition to the appeal within 20 days following the date of service of the appeal. Service and proof of service of the statement pursuant to Section 32140 are required.

1. Renumbering from Section 35008 filed 7-6-78 as an emergency; effective upon filing (Register 78, No. 27). For history of former Section 35008, see Register 78, No. 11.
2. Certificate of Compliance filed 10-19-78 (Register 78, No. 42).
3. Amendment of subsection (a) filed 6-18-80; effective thirtieth day thereafter (Register 80, No. 25).
4. Repealer and new section filed 9-20-82; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 82, No. 39).
5. Amendment filed 10-10-85; effective thirtieth day thereafter (Register 85, No. 41).
6. Amendment of subsection (c) filed 1-8-99; operative 2-7-99 (Register 99, No. 2).
7. Change without regulatory effect amending NOTE filed 2-15-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 7).
8. 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 A Certificate of Compliance must be transmitted to OAL by 10-29-2001 or emergency language will be repealed by operation of law on the following day.
9. Certificate of Compliance as to 6-11-2001 order transmitted to OAL 10-18-2001 and filed 12-4-2001 (Register 2001, No. 49).
10. Amendment of subsection (a) filed 11-13-2003; operative 12-13-2003 (Register 2003, No. 46).
11. 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.
12. Certificate of Compliance as to 2-2-2004 order transmitted to OAL 5-4-2004 and filed 6-8-2004 (Register 2004, No. 24).
13. 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.
14. 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.
15. Certificate of Compliance as to 12-27-2004 order transmitted to OAL 4-26-2005 and filed 5-31-2005 (Register 2005, No. 22).
16. Amendment of NOTE filed 4-11-2006; operative 5-11-2006 (Register 2006, No. 15).
17. Change without regulatory effect amending NOTE filed 3-14-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 11).
18. 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.
19. Certificate of Compliance as to 12-6-2013 order transmitted to OAL 5-29-2014 and filed 7-10-2014 (Register 2014, No. 28).
20. Change without regulatory effect amending NOTE filed 5-8-2018 pursuant to section 100, title 1, California Code of Regulations (Register 2018, No. 19).
21. Amendment of NOTE filed 12-27-2019; operative 4-1-2020 (Register 2019, No. 52).
22. Amendment of subsections (a) and (c) filed 1-14-2021; operative 2-15-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 3).
23. 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, 3551(a), 3555.5(c), 3563, 71639.1(b) and 71825(b), Government Code; and Section 99561(f), Public Utilities Code. Reference: Sections 3502.5, 3506.5, 3509, 3513(h), 3514.5, 3515.7, 3519, 3519.5, 3523, 3524.52(a), 3524.55, 3524.59, 3524.71, 3524.72, 3524.78, 3541.3(i), 3541.3(n), 3541.5, 3543.5, 3543.6, 3546.5, 3547, 3547.5, 3551(a), 3555.5(c), 3563(h), 3563(m), 3563.2, 3571, 3571.1, 3571.3, 3584, 3587, 3595, 71632.5, 71639.1, 71814 and 71825, Government Code; and Sections 99561(h), 99561.2, 99563.7, 99563.8, 99566.3 and 99569, Public Utilities Code.

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