CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD – Weight Given to ALJ's Proposed Decision: Findings, Conclusions, Credibility Resolutions
Single Topic for Decision 2285S
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1107.02000 – Weight Given to ALJ’s Proposed Decision: Findings, Conclusions, Credibility Resolutions
ALJ’s credibility determination based upon opinion that “gratuitous comments would not be volunteered by an experienced investigator” and that an experienced law enforcement officer would not make the statement attributed to her are more in the nature of speculative generalizations about the character of law enforcement than they are a product of firsthand observations by the ALJ of the witness’s testimony. Accordingly, the Board accords the ALJ’s credibility determination no particular deference.