Statutes, codes, and regulations
California Code Of Regulations
Title 8 - Industrial RelationsDivision 3 - Public Employment Relations BoardChapter 1 - Public Employment Relations Board
Subchapter 3 - Hearings
Section 32200 - Appeal of Rulings on Motions and Interlocutory Matters

Cal. Code Regs. tit. 8 § 32200

Download
PDF
Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 32200 - Appeal of Rulings on Motions and Interlocutory Matters

A party may object to a Board agent's interlocutory order or ruling on a motion and request a ruling by the Board itself. The request shall be in writing to the Board agent and a copy shall be sent to the Board itself. Service and proof of service pursuant to Section 32140 are required. The Board agent may refuse the request, or may join in the request and certify the matter to the Board. The Board itself will not accept the request unless the Board agent joins in the request. The Board agent may join in the request only where all of the following apply:

(a) The issue involved is one of law;
(b) The issue involved is controlling in the case;
(c) An immediate appeal will materially advance the resolution of the case.

Cal. Code Regs. Tit. 8, § 32200

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 28849(b), 30751, 40122, 40122.1(a), 70122, 90300, 98162.5, 99561(f), 100301, 101344, 102399(b), 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(h), 3551(a), 3555.5(c), 3563(g), 71639.1 and 71825, Government Code; and Sections 25052, 28849(b), 28851, 37051, 40122, 40122.1(a), 50121, 70122, 90300, 95651, 98162.5, 99561(g), 100301, 101344, 102399(b), 102403, 103401, 120505, 125521, Appendix 1, Section 4.4 and Appendix 2, Section 13.91, Public Utilities Code.

Note: Authority cited: Sections 3509(a), 3513(h), 3524.52(a), 3541.3(g), 3551(a), 3555.5(c), 3563(f), 71639.1(b) and 71825(b), Government Code; and Section 99561(f), Public Utilities Code. Reference: Sections 3509, 3513(h), 3524.52(a), 3541.3(h), 3551(a), 3555.5(c), 3563(g), 71639.1 and 71825, Government Code; and Section 99561(g), Public Utilities Code.

1. Repealer and new section filed 9-20-82; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 82, No. 39).
2. Change without regulatory effect amending Note filed 2-15-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 7).
3. 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.
4. Certificate of Compliance as to 6-11-2001 order transmitted to OAL 10-18-2001 and filed 12-4-2001 (Register 2001, No. 49).
5. 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.
6. Certificate of Compliance as to 2-2-2004 order transmitted to OAL 5-4-2004 and filed 6-8-2004 (Register 2004, No. 24).
7. 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.
8. 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.
9. Certificate of Compliance as to 12-27-2004 order transmitted to OAL 4-26-2005 and filed 5-31-2005 (Register 2005, No. 22).
10. 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.
11. Certificate of Compliance as to 12-6-2013 order transmitted to OAL 5-29-2014 and filed 7/10/2014 (Register 2014, No. 28).
12. Change without regulatory effect amending Note filed 5-8-2018 pursuant to section 100, title 1, California Code of Regulations (Register 2018, No. 19).
13. Amendment of Note filed 12-27-2019; operative 4/1/2020 (Register 2019, No. 52).
14. Amendment of Note filed 4-18-2023; operative 7/1/2023 (Register 2023, No. 16).
15. Amendment of NOTE filed 6-5-2024; operative 10/1/2024 (Register 2024, No. 23).