Statutes, codes, and regulations
California Code Of Regulations
Title 8 - Industrial RelationsDivision 3 - Public Employment Relations BoardChapter 1 - Public Employment Relations BoardSubchapter 4 - Decisions of the Board Itself
Article 3 - Administrative Appeals
Section 32350 - Definition of Administrative Decision

Cal. Code Regs. tit. 8 § 32350

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Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 32350 - Definition of Administrative Decision
(a) An administrative decision is any determination made by a Board agent other than:
(1) a refusal to issue a complaint in an unfair practice case pursuant to Section 32630,
(2) a dismissal of an unfair practice charge,
(3) a decision which results from the conduct of a formal hearing or from an investigation which results in the submission of a stipulated record and a proposed decision written pursuant to Section 32215, or
(4) a decision issued following interest arbitration conducted pursuant to Government Code Section 3557(b)(4).
(b) An administrative decision shall contain a statement of the issues, fact, law and rationale used in reaching the determination.

Cal. Code Regs. Tit. 8, § 32350

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(k), 3541.3(n), 3551(a), 3555.5(c), 3557, 3563(j), 3563(m), 71639.1 and 71825, Government Code; and Sections 25052, 28849(b), 28851, 30751, 40122, 40122.1(a), 50121, 70122, 90300, 95651, 98162.5, 99561(j), 99561(m), 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), 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 1, 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), 3551(a), 3555.5(c), 3557, 3563(j), 3563(m), 71639.1 and 71825, Government Code; and Sections 4.4, 13.91, 25052, 28851, 30751, 40122, 50121, 70122, 90300, 95651, 98162.5, 99561(j), 99561(m), 100301, 101344, 102403, 103401, 120505 and 125521, Public Utilities Code.

1. New Article 2 (Sections 32350-32380, not consecutive) filed 12-4-78; effective thirtieth day thereafter (Register 78, No. 49).
2. Amendment of subsection (a) filed 2-11-80 as an emergency; effective upon filing (Register 80, No. 7). A Certificate of Compliance must be transmitted to OAH within 120 days or emergency language will be repealed on 6-11-80.
3. Certificate of Compliance transmitted to OAH 6-11-80; filed 6-18-80 (Register 80, No. 25).
4. Amendment filed 6-18-80; effective thirtieth day thereafter (Register 80, No. 25).
5. Amendment filed 9-20-82; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 82, No. 39).
6. Amendment filed 10-10-85; effective thirtieth day thereafter (Register 85, No. 41).
7. Renumbering of former article 3 to article 4 and renumbering of former article 2 to new article 3 filed 1-8-99; operative 2-7-99 (Register 99, No. 2).
8. Change without regulatory effect amending Note filed 2-15-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 7).
9. 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.
10. Certificate of Compliance as to 6-11-2001 order transmitted to OAL 10-18-2001 and filed 12-4-2001 (Register 2001, No. 49).
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 subsection (a)(2), repealer of subsection (a)(3) and subsection renumbering filed 4-11-2006; operative 5-11-2006 (Register 2006, No. 15).
17. Amendment of Note filed 3-18-2013; operative 7-1-2013 (Register 2013, No. 12).
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 subsections (a)(2)-(3), new subsection (a)(4) and amendment of Note filed 12-27-2019; operative 4/1/2020 (Register 2019, No. 52).
22. Amendment of Note filed 4-18-2023; operative 7/1/2023 (Register 2023, No. 16).
23. Amendment of NOTE filed 6-5-2024; operative 10/1/2024 (Register 2024, No. 23).