PERB Invites Comments on Proposed Regulations on Continuances, Exceptions, Recusals, Discovery, SMCS

PERB has invited public comments on proposed regulations regarding continuances, exceptions, recusals, discovery, and SMCS. According to the Initial Statement of Reasons, “As revealed through the stakeholder meetings that were part of the Case Processing Efficiency Initiative, many of PERB’s case processing regulations are unnecessarily complicated, incomplete, obsolete, or ambiguous. These problems often cause litigants to commit errors or missteps, which delay case adjudication. Aside from the delays, these errors create additional work for PERB’s attorneys and judges. For this reason, the Board concluded it was necessary to amend the regulations to make them user-friendly, detailed, and understandable.”

Comments on the proposed regulations are due to the Board by Monday, July 26, 2021. More information on the proposed regulations and where to submit comments may be found here.

Here are some highlights of the proposed regulations:

  • Establishes method and time of service for testimonial and records subpoenas (32150);
  • Establishes more detailed procedures for a motion to revoke or limit a subpoena (32150);
  • Establishes detailed grounds for the recusal of Board members and various PERB employees (32155);
  • Codifies authority of ALJs to hold pre-hearing conferences (32170);
  • Establishes more detailed timelines for various motions, including motions to strike an allegation, defer a case to arbitration, dismiss or partially dismiss a complaint, and motions “styled as motions for summary judgment or for judgment on the pleadings.” (32190);
  • Establishes criteria for continuances of formal hearings (32205);
  • Establishes word limit for exceptions (14,000 words) and provides for filing of reply briefs (32300; 32312).

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