Section 32611.8 - Special Remedies for Certain PECC and PEDD Charges(a) An administrative law judge or the Board itself may resolve special remedies issues in conjunction with resolving liability issues. If any special remedies issues remain unresolved after a final decision involving a claim under Government Code Section 3550, or Government Code Section 3558, subdivision (a), the following procedures shall apply unless otherwise ordered: (1) A party seeking to resolve outstanding special remedies issues must file a motion with the Office of the General Counsel no later than twenty (20) days after the decision is final. All unresolved special remedies issues must be presented in the same motion. Service and proof of service of the motion pursuant to Section 32140 are required.(2) A motion regarding special remedies must be accompanied by a brief and sworn declarations containing competent evidence as needed to support the motion. If civil penalties are at issue, the sworn declarations shall contain evidence relevant to the criteria under the applicable Government Code Section. If attorney's fees and costs are at issue, the sworn declarations shall address: the amount of time spent; reasonable market rates for attorneys with similar experience; and, if compensable legal work was integrated with non-compensable legal work, information necessary to determine the portion of time that should be compensated.(3) Any response to a motion regarding special remedies must be filed with the Office of the General Counsel no later than twenty (20) days after the motion was filed. Any evidence relied on in the response must be supported by sworn declarations containing competent evidence. Service and proof of service of the response pursuant to Section 32140 are required.(4) There shall be no reply briefs unless requested by a Board agent.(5) The Office of the General Counsel shall work with the parties to resolve special remedies issues efficiently in conjunction with any other outstanding compliance issues and shall have discretion whether to request further written submissions, convene an evidentiary hearing, or transfer the matter to the Division of Administrative Law.(6) If a Board agent issues an administrative decision without a hearing, the decision may be appealed to the Board itself pursuant to Chapter 1, Subchapter 4, Article 3 of these regulations. If the Board agent issues a written proposed decision based on a hearing, the decision may be appealed to the Board itself pursuant to Chapter 1, Subchapter 4, Article 2 of these regulations.(b) For purposes of this Section, a "final decision" is a decision that is no longer subject to appeal.Cal. Code Regs. Tit. 8, § 32611.8
Note: Authority cited: Sections 3541.3(g), 3551 and 3555.5(c), Government Code. Reference: Sections 3550, 3551.5 and 3558, Government Code.
1. New section filed 4-8-2024; operative 7/1/2024 (Register 2024, No. 15).