CASE PROCESSING PROCEDURES; COMPLAINT – Amendments
Single Topic for Decision 2424M
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1103.04000 – Amendments
Sua sponte amendments to unfair practice complaints by administrative law judges are not permitted because they are not authorized by PERB regulations, they encroach on the duties and powers of the Office of the General Counsel, they impair the rights of the parties to control the litigation and they raise questions of neutrality; the duty to determine the types of unfair practices for which there is a prima facie showing and the legal theories on which the unfair practice complaint should issue belongs to the Office of the General Counsel, not to the administrative law judge.