Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2022, NUMBER 11-Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW MARCH 18, 2022 PROPOSED ACTION ON REGULATIONS TITLE 3. DEPARTMENT OF PESTICIDE REGULATION Medical Supervision Program — Notice File Number Z2022–0308–03 .................................... 267 TITLE 8. PUBLIC EMPLOYMENT RELATIONS BOARD Judicial Council Employer–Employee Relations — Notice File Number Z2022–0307–01 ...................... 270 TITLE 10.

DEPARTMENT OF INSURANCE Workers’ Compensation Insurance Rating Rules Filing — Notice File Number Z2022–0308–01 ................ 295 TITLE 15.

DEPARTMENT OF CORRECTIONS AND REHABILITATION Youth Parole Eligible Date — Notice File Number Z2022–0304–01 ....................................... 308 GENERAL PUBLIC INTEREST DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Request No. 2089–2022–001–01, Shasta River, Siskiyou County .................... 311 DEPARTMENT OF FISH AND WILDLIFE Consistency Determination Request for Cienega Springs Ecological Reserve Restoration Project, Tracking Number 2080–2022–005–05, Ventura County .................................................. 314

SUMMARY OF REGULATORY ACTIONS Regulations filed with Secretary of State .............................................................. 314 Sections Filed, October 1, 2021, to December 31, 2021 ................................................. 315 The California Regulatory Notice Register is an official state publication of the Office of Administrative Law containing notices of proposed regulatory actions by state regulatory agencies to adopt, amend or repeal regulations contained in the California Code of Regulations.

The effective period of a notice of proposed regulatory action by a state agency in the California Regulatory Notice Register shall not exceed one year [Government Code §11346.4(b)]. It is suggested, therefore, that issues of the California Regulatory Notice Register be retained for a minimum of 18 months. CALIFORNIA REGULATORY NOTICE REGISTER is published weekly by the Office of Administrative Law, 300 Capitol Mall, Suite 1250, Sacramento, CA 95814-4339. The Register is printed by Barclays, a subsidiary of West, a Thomson Reuters Business, and is offered by subscription for $205.00 (annual price).

To order or make changes to current subscriptions, please call (800) 328−4880. The Register can also be accessed at http://www.oal.ca.gov .

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 11-Z 267 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 3. DE PARTMENT OF PESTICIDE REGULATION MEDICAL SUPERVISION PROGRAM DPR REGULATION NUMBER 22–002 The Department of Pesticide Regulation (DPR) pro- poses to amend Title 3, California Code of Regula - tions (3 CCR)

section 6728. The pesticide regulatory program activities affected by the proposal are those pertaining to pesticide worker safety. In

summary, the proposed action will clarify that the physician con - tracted with an employer to act as a medical supervisor must be registered with the Office of Environmental Health Hazard Assessment (OEHHA). Additionally, the proposed action will require that baseline red cell and plasma cholinesterase determinations, which are verified every two years, be established after a period of at least 30 days during which the employee has had no exposure to an organophosphate or carbamate (OP/ CB) pesticide.

SUBMITTAL OF COMMENTS Any interested person may present comments in writing about the proposed action to the agency con - tact person named below. Written comments must be received no later than 5:00 p.m. on May 3, 2022. Comments regarding this proposed action may also be transmitted via e–mail to dpr22002@cdpr.ca.gov or by facsimile at 916–324–1491. A public hearing is not scheduled.

However, one will be scheduled if any interested person submits a written request to DPR no later than 15 days prior to the close of the written comment period. 1 EFFECT ON SMALL BUSINESS DPR has determined that the proposed regulatory action does not affect small businesses. The proposed 1 If you have special accommodation or language needs, please include this in your request for a public hearing.

TTY/TDD speech–to–speech users may dial 7–1–1 for the California Relay Service. action will clarify that physicians who contract with an employer to act as a medical supervisor must be reg - istered with OEHHA, which is consistent with Health and Safety Code (HSC)

section 105206. It will also specify when employers must send their employees for baseline red cell and plasma cholinesterase testing. The proposed action should not impact employers or pesticide applications as employers should be able to send their employees for baseline red cell and plasma cholinesterase testing during low–spraying seasons.

INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The Medical Supervision Program (“Program”) is designed to protect employees who regularly mix, load, or apply OP/CB pesticides with the signal word “DANGER” or “WARNING” for the commercial or research production of an agricultural plant commod - ity by monitoring their cholinesterase activity levels. Under DPR’s existing regulations in 3 CCR

section 6728, the Program requires employers of these em- ployees to contract with a physician to act as a med - ical supervisor. HSC

section 105206 requires these employers to contract with a physician registered as a medical supervisor with OEHHA. Under 3 CCR sec - tion 6728(b), physicians who are contracted as medical supervisors must possess OEHHA ’s Medical Supervi- sion of Pesticide Workers — Gu idelines for Physicians (GFP), which recommends a 30–day exposure–free period from OP/CB pesticides before establishing a baseline red cell and plasma cholinesterase determina- tion. Additionally, 3 CCR

section 6728(c)(1) requires employers to send their employees to the medical su- pervisor for baseline red cell and plasma cholinester - ase determinations. The medical supervisor orders a cholinesterase test to establish baseline red cell and plasma cholinesterase determinations. If an employee handles OP/CB pesticides with the signal word “DAN- GER” or “WARNING” for more than six days in a 30–day period, then follow–up cholinesterase tests are ordered for monitoring at intervals specified by the medical supervisor.

The medical supervisor will compare the follow–up tests to the baseline test to de- termine if an employee has depressed cholinesterase levels. If a depression does occur, then the medical su- pervisor will recommend additional protective mea - sures to the employer. The proposed regulations would amend 3 CCR

section 6728(

b) to clarify that the physician contract - ed as a medical supervisor must be registered with OEHHA, as required by HSC

section 105206. It would also amend 3 CCR

section 6728(c)(1) to specify that baseline values verified every two years shall be es - tablished after a period of at least 30 days during

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 11-Z 268 which the employee has had no exposure to OP/CB pesticides. The broad objective of the regulations is to pro - tect employees who regularly mix, load, or apply OP/ CB pesticides with the signal word “DANGER” or “WARNING” for the commercial or research produc- tion of an agricultural plant commodity from over - exposure. These proposed regulations will provide a benefit to and enhance worker safety by ensuring accurate determinations of an employee’s baseline red cell and plasma cholinesterase levels.

Accurate baselines will enable registered medical supervisors to accurately determine if employees have depressed cholinesterase levels and provide the appropriate rec - ommendations to employers to protect their employ - ees from overexposure (i.e., removal of the employee from further exposure or workplace evaluation.) During the process of developing these proposed regulations, DPR conducted a search of any similar regulations on this topic and has concluded that these proposed regulations are neither inconsistent nor in - compatible with existing state regulations.

This pro - posed action will only amend an existing program to require medical supervisors to be registered with OEHHA, consistent with HSC

section 105206, and to specify the required timing for employers to send their employees for baseline red cell and plasma cholines - terase testing. IMPACT ON LOCAL AGENCIES OR SCHOOL DISTRICTS DPR determined that the proposed regulatory ac - tion does not impose a mandate on local agencies or school districts. DPR also determined that there are no costs to any local agency or school district requiring reimbursement pursuant to Government Code

section 17500 et seq. There are no other nondiscretionary costs or savings imposed upon local agencies that are ex - pected to result from the proposed regulatory action. COSTS OR SA VINGS TO STATE AGENCIES DPR determined that no savings or increased costs to any state agency will result from the proposed reg - ulatory action. EFFECT ON FEDERAL FUNDING TO THE STATE DPR determined that no costs or savings in feder - al funding to the state will result from the proposed action. EFFECT ON HOUSING COSTS DPR made an initial determination that the pro - posed action will have no effect on housing costs.

SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING BUSINESSES DPR made an initial determination that adoption of this regulation will not have a significant statewide ad- verse economic impact directly affecting businesses, including the ability of California businesses to com - pete with businesses in other states. COST IMPACTS ON REPRESENTATIVE PRIVATE PERSONS OR BUSINESSES DPR is not aware of any cost impacts that a repre - sentative private person or business would necessarily incur in reasonable compliance with the proposed ac - tion.

These amendments will not have an economic impact on established businesses and medical prac - tices, as there is no cost for physicians to register as medical supervisors with OEHHA. In addition, the proposed action should not impact employer costs or pesticide applications, as employers can send their employees for baseline red cell and plasma cholines - terase testing during low–spraying seasons.

RESULTS OF THE ECONOMIC I M PACT A NA LYSIS Impact on the Creation, Elimination, or Expansion of Jobs/Businesses: DPR determined it is not likely the proposed regulatory action will impact the creation or elimination of jobs, the creation of new businesses or the elimination of existing businesses, or the expan - sion of businesses currently doing business with the State of California. Employers covered by the Program are already required to send their employees who reg- ularly handle OP/CB pesticides for baseline red cell and plasma cholinesterase testing.

This proposed ac - tion will simply add language to an existing program specifying the period when the baseline red cell and plasma cholinesterase testing must be performed. The proposed action should not impact employer costs or pesticide applications, as employers can send their employees for baseline testing during low–spraying seasons. Moreover, employers are already required to contract with a medical supervisor under HSC

section 105206. This amendment adds language clarifying that physicians contracted as medical supervisors must be registered with OEHHA. This amendment will not have an economic impact on established businesses

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 11-Z 269 and medical practices, as there is no cost for physi - cians to register as medical supervisors with OEHHA. The proposed regulations will benefit and enhance worker safety by ensuring accurate determinations of an employee’s baseline red cell and plasma cholin - esterase levels in an exposure–free period. Accurate baselines will enable registered medical supervisors to continuously monitor cholinesterase levels of an employee and recommend additional protective mea - sures if cholinesterase depression occurs.

This will further protect employees by ensuring the most ac - curate baseline and subsequent testing, helping deter - mine if additional protective measures are needed to protect employees from overexposure (i.e., removal of the employee from further exposure or workplace evaluation.).

CONSIDERATION OF ALTERNATIVES DPR must determine that no reasonable alternative considered by the agency, or that has otherwise been identified and brought to the attention of the agency, would be more effective in carrying out the purpose for which the action is proposed, would be as effec - tive and less burdensome to affected private persons than the proposed regulatory action, or would be more cost–effective to affected private persons and equally effective in implementing the statutory policy or other provision of the law.

AUTHORITY This regulatory action is taken pursuant to the au- thority vested by Food and Agricultural Code (FAC)

section 12981. REFERENCE This regulatory action is to implement, interpret, or make specific FAC sections 12980 and 12981, and Health and Safety Code

section 105206. A VAILABILITY OF STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATIONS DPR prepared an Initial Statement of Reasons and is making available the express terms of the proposed action, all of the information upon which the proposal is based, and a rulemaking file. A copy of the Initial Statement of Reasons and the proposed text of the regulation may be obtained from the agency contact person named in this notice. The information upon which DPR relied in preparing this proposal and the rulemaking file are available for review at the address specified below.

A VAILABILITY OF CHANGED OR MODIFIED TEXT After the close of the comment period, DPR may make the regulation permanent if it remains substan - tially the same as described in the Informative Digest. If DPR does make substantial changes to the regula- tion, the modified text will be made available for at least 15 days prior to adoption. Requests for the mod - ified text should be addressed to the agency contact person named in this notice. DPR will accept written comments on any changes for 15 days after the modi - fied text is made available.

AGENCY CONTACT Written comments about the proposed regulatory action; requests for a copy of the Initial Statement of Reasons, and the proposed text of the regulation; and inquiries regarding the rulemaking file may be direct - ed to: Lauren Otani, Senior Environmental Scientist ( Specialist) Department of Pesticide Regulation 1001 I Street, P.O.

Box 4015 Sacramento, California 95812–4015 916– 445–5781 Note: In the event the contact person is unavailable, questions on the substance of the proposed regulatory action may be directed to the following back–up per - son at the same address as noted below: Shafeesha Ali, Research Scientist II ( Epidemiology/Biostatistics) Worker Health and Safety Branch 91 6–445–4278 This Notice of Proposed Action, the Initial State - ment of Reasons, and the proposed text of the regula - tion are also available on DPR’s Internet Home Page http://www.cdpr.ca.gov.

Upon request, the documents can be made available in another language, or an al - ternate form as a disability–related accommodation. A VAILABILITY OF FINAL STATEMENT OF REASONS Following its preparation, a copy of the Final State- ment of Reasons mandated by Government Code sec- tion 11346.9(

a) may be obtained from the contact per- son named above. In addition, the Final Statement of Reasons will be posted on DPR’s Internet Home Page and accessed at http://www.cdpr.ca.gov.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 11-Z 270 TITLE 8. PUBLIC EMPLOYMENT RELATIONS BOARD The Public Employment Relations Board (PERB or Board) proposes to adopt and amend the regulations described below after considering all comments, ob - jections, and recommendations regarding the pro - posed action.

PROPOSED REGULATORY ACTION The Board proposes to adopt proposed new sections 32007, 32008, 95000, 95010, 95020, 95030, 95040, 95050, 95060, 95070, 95080, 95090, 95100, 95110, 95120, 95130, 95140, 95150, 95160, 95200, 95210, 95220, and 95230, and amend sections 31001, 32020, 32030, 32040, 32050, 32055, 32060, 32075, 32080, 32085, 32090, 32091, 32092, 32093, 32094, 32100, 32105, 32110, 32111, 32115, 32120, 32125, 32130, 32132, 32135, 32136, 32140, 32143, 32145, 32147, 32149, 32150, 32155, 32162, 32164, 32165, 32166, 32168, 32169, 32170, 32175, 32176, 32178, 32180, 32185, 32190, 32200, 32205, 32206, 32207, 32209, 32210, 32212, 32215, 32220, 32230, 32295, 32300, 32305, 32310, 32312, 32315, 32320, 32325, 32350, 32360, 32370, 32375, 32380, 32400, 32410, 32450, 32455, 32460, 32465, 32470, 32500, 32602, 32612, 32615, 32620, 32621, 32625, 32630, 32635, 32640, 32644, 32645, 32647, 32648, 32649, 32650, 32661, 32680, 32690, 32700, 32720, 32721, 32722, 32724, 32726, 32728, 32730, 32732, 32734, 32735, 32736, 32738, 32739, 32740, 32742, 32744, 32746, 32748, 32750, 32752, 32754, 32761, 32762, 32763, 32770, 32772, 32774, 32776, 32781, 32783, 32784, 32786, 32791, 32792, 32793, 32795, and

Section 31001 provides for public meetings of the Public Employment Relations Board. Proposed sec - tion 32007 adopts a definition of “JCEERA,” to mean the Judicial Council Employer–Employee Relations Act (Government Code

section 3524.50 et seq.). Pro - posed

section 32008 defines terms applicable for cases filed under the JCEERA.

Section 32020 defines the term “Board.”

Section 32030 defines the term “Board itself.”

Section 32040 defines the term “Executive Di- rector.”

Section 32050 defines the term “General Counsel.”

Section 32055 defines the term “Chief Ad - ministrative Law Judge.”

Section 32060 defines the term “headquarters office.”

Section 32075 defines the term “regional office.”

Section 32080 defines the term “day.”

Section 32085 defines the term “workday” un - der each of the statutes administered by PERB. Sec - tion 32090 provides for filing through PERB’s elec - tronic filing system.

Section 32091 defines the term “electronic filing.”

Section 32092 defines the term “electronic signature.”

Section 32093 defines the term “electronic service.”

Section 32094 defines the term “filed.”

Section 32100 provides for when regulations contained in

Chapter 1 apply to PERB proceedings.

Section 32105 provides for the severability of PERB’s regulations.

Section 32110 provides the requirements when filing electronically with PERB.

Section 32111 authorizes the Board to direct electronic posting of representation notices for remote workers.

Section 32115 specifies in which “regional office” for filing representation petitions.

Section 32120 provides for the filing of written agreements or memorandums of understanding with the Board.

Section 32125 address- es the filing of confidential documents with PERB.

Section 32130 addresses the computation of time for filings with PERB.

Section 32132 concerns the re - quirements for an extension of time in which to file documents with the Board.

Section 32135 concerns non–electronic filing requirements.

Section 32136 concerns late filing requirements.

Section 32140 con - cerns service requirements.

Section 32143 concerns placing cases in abeyance.

Section 32145 concerns waiver of time period requirements for filing.

Section 32147 provides for expediting matters before the Board.

Section 32149 concerns the issuance of investi- gative subpoenas.

Section 32150 concerns the issu - ance of subpoenas.

Section 32155 concerns the cir - cumstances for disqualifying a Board agent or Board Member from participating in PERB proceedings.

Section 32162 concerns the confidentiality of Board investigations.

Section 32164 concerns an application for joinder of parties.

Section 32165 concerns an appli- cation to join a representation hearing as a limited par- ty.

Section 32166 concerns an application to join a rep- resentation hearing as a full party.

Section 32168 con- cerns the conduct of hearings.

Section 32169 concerns the taking of depositions.

Section 32170 concerns the authority of a Board agent conducting a hearing. Sec - tion 32175 concerns the rules of evidence in represen- tation cases.

Section 32176 concerns the rules of evi - dence in unfair practice cases.

Section 32178 concerns the burden of proof in unfair practice cases.

Section 32180 addresses the rights of parties in PERB hear - ings.

Section 32185 concerns ex parte communica - tions with Board agents.

Section 32190 concerns fil - ings and rulings on motions.

Section 32200 concerns the appeal of rulings on motions and other interlocuto- ry matters.

Section 32205 concerns requests for con - tinuances.

Section 32206 concerns the production of statements of witnesses after testimony.

Section 32207 concerns the stipulation of facts for purposes of hear - ings.

Section 32209 addresses the procedure for cor - rection of hearing transcripts.

Section 32210 concerns the filing of informational briefs and oral argument.

Section 32212 concerns briefs and oral argument. Sec- tion 32215 concerns issuance of proposed decisions.

Section 32220 concerns contemptuous conduct by a party or a party’s agent.

Section 32230 concerns the

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 11-Z 271 refusal of a witness to testify.

Section 32295 concerns ex parte communications with members of the Board itself, or legal advisers to Board members.

Section 32300 concerns the filing of exceptions to Board agent decisions.

Section 32305 provides that proposed deci- sions become final if no timely exceptions are filed.

Section 32310 provides for the filing of responses to exceptions.

Section 32312 provides for the filing of a reply brief in support of exceptions.

Section 32315 provides for oral argument on exceptions.

Section 32320 concerns issuance of decisions by the Board it- self.

Section 32325 concerns the remedial powers of the Board.

Section 32350 provides a definition of ad - ministrative decisions.

Section 32360 concerns re - quirements for appeals of administrative decisions.

Section 32370 concerns requests for a stay following an appeal.

Section 32375 provides for responses to ad- ministrative appeals.

Section 32380 provides for ad - ministrative decisions that are not appealable.

Section 32400 provides that a motion for reconsideration is not required in order to exhaust administrative remedies.

Section 32410 provides for the filing of requests for reconsideration.

Section 32450 concerns the filing of requests for injunctive relief.

Section 32455 concerns the investigation of requests for injunctive relief. Sec- tion 32460 provides for recommendations by the Gen- eral Counsel concerning requests for injunctive relief.

Section 32465 provides for decisions by the Board it - self concerning requests for injunctive relief.

Section 32470 concerns the authority of the General Counsel regarding requests for injunctive relief where a quo - rum of the Board itself is unavailable.

Section 32500 concerns procedures for requesting judicial review of a decision in a representation case.

Section 32602 pro- vides for the processing of unfair practice charges.

Section 32612 specifies in which “regional office” un- fair practice charge filings should be made.

Section 32615 concerns the information required to be includ- ed in an unfair practice charge.

Section 32620 con - cerns the processing of unfair practice charges. Sec - tion 32621 concerns the amending of unfair practice charges.

Section 32625 concerns the withdrawal of unfair practice charges.

Section 32630 concerns the dismissal of unfair practice charges.

Section 32635 provides for the appeal of dismissals of unfair practice charges.

Section 32640 concerns the issuance of com- plaints in unfair practice charge cases.

Section 32644 provides for the filing of an answer in unfair practice charges where a complaint issues.

Section 32645 con- cerns non–prejudicial errors in unfair practice charges and related documents.

Section 32647 concerns amendments to complaints in unfair practice charge cases before hearing.

Section 32648 concerns amend - ments to complaints in unfair practice charge cases during a hearing.

Section 32649 concerns the filing of answers to amendments to complaints in unfair prac - tice charge cases.

Section 32650 concerns the conduct of informal settlement conferences in unfair practice charge cases.

Section 32661 concerns the filing of re - pugnancy claims regarding unfair practice charge cas- es deferred to arbitration.

Section 32680 concerns the conduct of hearings on unfair practice charges. Sec - tion 32690 concerns notice of hearing in unfair prac - tice charge cases.

Section 32700 concerns the require- ments for valid proof of employee support in represen- tation proceedings.

Section 32720 concerns when an election will be conducted in representation matters under the Educational Employment Relations Act (Government Code

section 3540 et seq.), the Ralph C. Dills Act (Government Code

section 3512 et seq.), the Higher Education Employer–Employee Relations Act (Government Code

section 3560 et seq.), the Transit Employer–Employee Relations Act (Public Utilities Code

section 99560 et seq.), and the Judicial Council Employer–Employee Relations Act (Government Code

section 3524.50 et seq.).

Section 32721 defines the term “parties” in representation matters under the Educational Employment Relations Act (Government Code

section 3540 et seq.), the Ralph C. Dills Act (Government Code

section 3512 et seq.), the Higher Education Employer–Employee Relations Act (Gov - ernment Code

section 3560 et seq.), the Transit Employer–Employee Relations Act (Public Utilities Code

section 99560 et seq.), and the Judicial Council Employer–Employee Relations Act (Government Code

section 3524.50 et seq.).

Section 32722 concerns the preparation of ballots in representation matters.

Section 32724 concerns service on the parties of a Di- rected Election Order or Consent Election Agreement regarding the conduct of an election, and notification to employees in a voting unit of an election.

Section 32726 concerns the employer’s obligation to file a vot- er list with PERB.

Section 32728 concerns the require- ments for an employee to be eligible to vote in an elec- tion.

Section 32730 concerns the parties’ right to sta - tion observers at an election, tally of ballots, and ser - vice.

Section 32732 concerns challenges to the eligi - bility of a voter.

Section 32734 concerns the parties’ right to station an authorized agent at the ballot count.

Section 32735 concerns the resolution of challenged ballots.

Section 32736 provides for a runoff election when no ballot choice receives a majority of votes.

Section 32738 concerns party objections to the con - duct of an election.

Section 32739 concerns a Board agent’s powers and duties concerning objections to the conduct of an election.

Section 32740 provides for the withdrawal of objections to the conduct of an election.

Section 32742 provides for hearing procedures to re - solve objections to the conduct of an election or chal - lenges to ballots.

Section 32744 provides procedure for parties to file exceptions to a Board agent’s pro - posed decision on objections to the conduct of an elec-

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 11-Z 272 tion or challenged ballots.

Section 32746 concerns the revised tally of ballots following a ruling on chal - lenged ballots.

Section 32748 permits a party to file objections to a revised tally of ballots.

Section 32750 concerns the certification of results of an election or of an exclusive representative.

Section 32752 concerns when the Board may stay an election pending the res - olution of an unfair practice charge relating to the vot- ing unit.

Section 32754 concerns when the Board must dismiss a petition requiring a representation election.

Section 32761 provides for the filing of petitions by employee organizations requesting amendment of cer- tification.

Section 32762 concerns an employer’s re - sponse to a petition for amendment of certification.

Section 32763 concerns the Board’s investigation of a petition for amendment of certification.

Section 32770 provides for the filing of decertification petitions. Sec- tion 32772 provides for notification to employees in a voting unit of a decertification petition.

Section 32774 concerns the process for the Board to determine proof of employee support for decertification petitions. Sec- tion 32776 concerns the procedure for investigating decertification petitions.

Section 32781 provides for the filing of petitions to modify existing employee units and the manner in which employee units may be modified.

Section 32783 concerns the filing of re - sponses to petitions for unit modification.

Section 32784 concerns the process for the Board to determine proof of employee support for petitions for unit modi- fication.

Section 32786 concerns the Board’s investi - gation and disposition of a petition for unit modifica- tion.

Section 32791 provides for the selection by the parties of a mediator.

Section 32792 concerns the pro- cedures for parties to request the Board determine the existence of impasse and appointment of a mediator.

Section 32793 concerns the procedure for the Board to determine the existence of impasse.

Section 32795 concerns subsequent requests by parties to the Board to determine the existence of impasse and appoint - ment of a mediator after the Board’s determination that an impasse does not exist.

Section 32980 concerns enforcement of compliance with final decisions of the Board. Proposed

section 95000 defines the term “win- dow period,” which is the time period when represen- tation petitions may be filed during the term of a mem- orandum of understanding. Proposed

section 95010 provides a process for employee organizations that are not the exclusive representative of employees of the Judicial Council to receive notice from PERB regard - ing representation petitions, election notices, or deci - sions affecting those employees. Proposed

section 95020 defines the term “parties” to include entities that may be a party to a representation matter. Pro - posed

section 95030 provides a procedure for employ- ee organizations to petition to be certified as the exclu- sive representative of an appropriate unit of unrepre - sented employees. Proposed

section 95040 provides for the posting of the notice of the petition for certifi - cation. Proposed

section 95050 provides a process for the Board to determine proof of employee support for certification petitions. Proposed

section 95060 allows an employee organization to withdraw a petition for certification prior to a final decision by the Board. Pro- posed

section 95070 concerns amendments to a peti - tion for certification. Proposed

section 95080 concerns the employer’s response to a petition for certification. Proposed

section 95090 provides for the Board’s in - vestigation of a petition for certification. Proposed

section 95100 provides for the filing of a severance pe- tition. Proposed

section 95110 provides for the posting of the notice of the severance petition. Proposed sec - tion 95120 provides a process for the Board to deter - mine proof of employee support for severance peti - tions. Proposed

section 95130 concerns the employer’s and exclusive representative’s response to a severance petition. Proposed

section 95140 concerns amend - ments to a severance petition. Proposed

section 95150 provides for the withdrawal of a severance petition. Proposed

section 95160 provides for the Board’s in - vestigation of a severance petition. Proposed

section 95200 concerns the providing of notice to interested parties when the Board makes the determination to conduct a representation election. Proposed

section 95210 provides a procedure for employee organiza - tions to file an intervention to appear on the ballot for a representation election. Proposed

section 95220 pro- vides a process for the Board to determine proof of employee support for a representation election. Pro - posed

section 95230 concerns PERB regulations ap - plicable to representation elections. PUBLIC HEARING The Board has not scheduled a public hearing on this proposed action. However, the Board will hold a hearing if it receives a written request for a public hearing from any interested person, or his or her au- thorized representative, no later than 15 days before the close of the written comment period. WRITTEN COMMENT PERIOD Any interested person, or his or her authorized rep - resentative, may submit written comments relevant to the proposed regulatory action to the Board.

Com - ments may also be submitted by facsimile (FAX) at (916) 327–6377 or by e–mail at ronald.pearson@perb. ca.gov. The written comment period closes on May 2, 2022, which is 45 days after the publication of this no- tice. The Board will only consider comments received at the Board offices by that time. Submit written com- ments to:

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 11-Z 273 Ronald Pearson, Supervising Regional Attorney Public Employment Relations Board 1031 18th Street Sacramento, CA 95811 AUTHORITY AND REFERENCE Pursuant to Government Code

section 3541.3(g), the Board is authorized to adopt, amend and repeal rules and regulations to carry out the provisions and effectuate the purposes and policies of the Education - al Employment Relations Act (EERA; Government Code

section 3540 et seq.). Pursuant to Government Code sections 3509(

a) and 3541.3(g), the Board is au- thorized to adopt, amend and repeal rules and regu - lations to carry out the provisions and effectuate the purposes and policies of the Meyers–Milias–Brown Act (MMBA; Government Code

section 3500 et seq.). Government Code

section 3513(

h) authorizes the Board to adopt, amend and repeal rules and regulations to carry out the provisions and effectuate the purposes and policies of the Ralph C. Dills Act (Dills Act; Gov- ernment Code

section 3512 et seq.). Government Code

section 3563(

f) authorizes the Board to adopt, amend and repeal rules and regulations to carry out the pro - visions and effectuate the purposes and policies of the Higher Education Employer–Employee Relations Act (HEERA; Government Code

section 3560 et seq.). Pursuant to Public Utilities Code

section 99561(f), the Board is authorized to adopt, amend and repeal rules and regulations to carry out the provisions and effec - tuate the purposes and policies of the Los Angeles County Metropolitan Transportation Authority Tran - sit Employer–Employee Relations Act (TEERA; Pub- lic Utilities Code

section 99560 et seq.). Pursuant to Government Code sections 3541.3(

g) and 71639.1(b), the Board is authorized to adopt, amend and repeal rules and regulations to carry out the provisions and effectuate the purposes and policies of the Trial Court Employment Protection and Governance Act (Trial Court Act; Government Code

section 71600 et seq.). Pursuant to Government Code sections 3541.3(

g) and 71825(b), the Board is authorized to adopt, amend and repeal rules and regulations to carry out the provisions and effectuate the purposes and policies of the Trial Court Interpreter Employment and Labor Relations Act (Court Interpreter Act; Government Code

section 71800 et seq.). Government Code

section 3524.52(a), authorizes the Board to adopt, amend and repeal rules and regulations to carry out the provisions and effec - tuate the purposes and policies of the Judicial Council Employer–Employee Relations Act (JCEERA; Gov - ernment Code

section 3524.50 et seq.). Pursuant to Government Code sections 3541.3(

g) and 3555.5(c), the Board is authorized to adopt, amend and repeal rules and regulations to carry out the provisions and effectuate the purposes and policies of the Public Em- ployee Communication

Chapter (PECC; Government Code

section 3555 et seq.). Pursuant to the Govern - ment Code sections 3541.3(

g) and 3551(a), the Board is authorized to adopt, amend and repeal rules and regulations to carry out the provisions and effectuate the purposes and policies of the Prohibition on Public Employers Deterring or Discouraging Union Mem - bership

chapter (PEDD; Government Code

section 3500 et seq.). Pursuant to Education Code sections 8431(e), the Board is authorized to adopt, amend and repeal rules and regulations to carry out the provisions and effectuate the purposes and policies of the Child Care and Development Act (Childcare Provider Act; Education Code

section 8430 et seq.). General reference for

section 31001 of the Board’s regulations: Sections 3509, 3513(h), 3524.52(a), 3541.3, 3551(a), 3555.5(c), 3563, 71639.1 and 71825, Govern- ment Code; and

Section 99561, Public Utilities Code. General reference for proposed

section 32007 : Sec- tion 3524.50, Government Code. General reference for proposed

section 32008 :

Section 3524.50, et seq., Government Code. General reference for

section 32020 of the Board’s regulations: Sections 3501(f), 3509, 3513(h), 3524.52(a), 3540.1(a), 3541, 3551(a), 3555.5(c), 3562(b), 71639.1(

a) and 71825(a), Govern- ment Code; and

Section 99560.1(b), Public Utilities Code. General reference for

section 32030 of the Board’s regulations: Sections 3501(f), 3509, 3513(h), 3524.52(a), 3540.1(a), 3541, 3551(a), 3555.5(c), 3562(b), 71639.1(

a) and 71825(a), Government Code; and Sec- tion 99560.1(b), Public Utilities Code. General refer - ence for

section 32040 of the Board’s regulations:

Section 3541(f), Government Code. General reference for

section 32050 of the Board’s regulations:

Section 3541(f), Government Code. General reference for sec- tion 32055 of the Board’s regulations: Sections 3509, 3513(h), 3524.52(a), 3541.3(k), 3551(a), 3555.5(c), 3563(j), 71639.1 and 71825, Government Code; and

Section 99561(j), Public Utilities Code. General refer- ence for

section 32060 of the Board’s regulations: Sections 3509, 3513(h), 3524.52(a), 3541.3(n), 3551(a), 3555.5(c), 3563(m), 71639.1 and 71825, Government Code; and

Section 99561(m), Public Utilities Code. General reference for

section 32075 of the Board’s regulations: Sections 3509, 3513(h), 3524.52(a), 3541.3(n), 3551(a), 3555.5(c), 3563(m), 71639.1 and 71825, Government Code; and

Section 99561(m), Pub- lic Utilities Code. General reference for

section 32080 of the Board’s regulations: Sections 3509, 3513(h), 3524.52(a), 3541.3(n), 3551(a), 3555.5(c), 3563(m), 71639.1 and 71825, Government Code; and

Section 99561(f), Public Utilities Code. General reference for

section 32085 of the Board’s regulations: Sections 3509, 3524.52(a), 3541.3(n), 3563(m), 3513(h), 3541.3(g), 3563(f), 71639.1 and 71825, Government Code; and

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 11-Z 274

Section 99561(f), Public Utilities Code. General refer- ence for

section 32090 of the Board’s regulations: Sections 3509, 3513, 3514.5, 3524.52(a), 3524.55, 3541.3, 3541.5, 3551(a), 3555.5(c), 3563, 3563.2, 71639.1 and 71825, Government Code; and Sections 99561 and 99561.2, Public Utilities Code. General reference for

section 32091 of the Board’s regulations: Sections 3509, 3513, 3514.5, 3524.52(a), 3524.55, 3541.3, 3541.5, 3551(a), 3555.5(c), 3563, 3563.2, 71639.1 and 71825, Government Code; and Sections 99561 and 99561.2, Public Utilities Code. General reference for

section 32092 of the Board’s regulations: Sections 3509, 3513, 3514.5, 3524.52(a), 3524.55, 3541.3, 3541.5, 3551(a), 3555.5(c), 3563, 3563.2, 71639.1 and 71825, Govern- ment Code, and Sections 99561 and 99561.2, Public Utilities Code. California Rule of Court 2.257. Gener- al reference for

section 32093 of the Board’ s regula- tions: Sections 3509, 3513, 3514.5, 3524.52(a), 3524.55, 3541.3, 3541.5, 3551(a), 3555.5(c), 3563, 3563.2, 71639.1 and 71825, Government Code, and Sections 99561 and 99561.2, Public Utilities Code. General reference for

section 32094 of the Board’s regulations: Sections 3509, 3513, 3514.5, 3524.52(a), 3524.55, 3541.3, 3541.5, 3551(a), 3555.5(c), 3563, 3563.2, 71639.1 and 71825, Government Code, and Sections 99561 and 99561.2, Public Utilities Code. General reference for

section 32100 of the Board’s regulations:

Section 19604, Busi- ness and Professions Code;

Section 57031, Food and Agricultural Code; Sections 3502.5, 3507, 3507.1, 3507.3, 3507.5, 3508, 3509, 3513(h), 3524.52(a), 3541.3, 3551(a), 3555.5(c), 3557, 3563, 3600, 3601, 3602, 3603, 3611, 71632.5, 71636, 71636.1, 71636.3, 71637, 71637.1, 71639.1, 71823 and 71825, Government Code;

Section 2686, Labor Code; and Sections 25051, 25052, 28850, 28851, 30750, 30751, 30754, 30756, 40120, 40122, 50120, 50121, 70120, 70122, 90300, 95650, 95651, 98162.5, 99561, 100301, 100305, 100306, 101341, 101342, 101344, 102401, 102403, 103401, 103404, 103405, 103406, 125521, 125526, Appendix 1, Sec - tions 4.2 and 4.4, and Appendix 2, Sections 13.90, 13.91, and 13.96, Public Utilities Code. General refer- ence for

section 32105 of the Board’s regulations: Sec- tions 3509, 3513(h), 3524.52(a), 3541.3, 3551(a), 3555.5(c), 3563, 71639.1 and 71825, Government Code; and

Section 99561, Public Utilities Code. General ref- erence for

section 32110 of the Board’s regulations: Sections 3509, 3513, 3514.5, 3524.52(a), 3524.55, 3541.3, 3541.5, 3551(a), 3555.5(c), 3563, 3563.2, 71639.1 and 71825, Government Code, and Sections 99561 and 99561.2, Public Utilities Code. General reference for

section 32111 of the Board’s regulations: Sections 3509, 3513, 3514.5, 3524.52(a), 3524.55, 3524.74, 3541.3, 3541.5, 3551(a), 3555.5(c), 3563, 3563.2, 71639.1 and 71825, Government Code, and Sections 99561 and 99561.2, Public Utilities Code. General reference for

section 32115 of the Board’s regulations: Sections 3509, 3524, 3524.52(a), 3524.74, 3541.3(n), 3551(a), 3555.5(c), 3563(m), 71639.1, 71807 and 71825, Govern- ment Code; and

Section 99561(m), Public Utilities Code. General reference for

section 32120 of the Board’s regulations: Sections 3509, 3513(h), 3524, 3524.50, 3524.52(a), 3541.3(n), 3551(a), 3555.5(c), 3563(m), 3541.3(f), 3541.3(g), 71639.1 and 71825, Gov- ernment Code; and

Section 99561(m), Public Utilities Code. General reference for

section 32125 of the Board’s regulations: Sections 3509, 3513(h), 3524.52(a), 3541.3, 3544.7(b), 3551(a), 3555.5(c) 3563, 3577(b), 71639.1, and 71825, Government Code, and Sections 99561 and 99564.4(b), Public Utilities Code. General reference for

section 32130 of the Board’s regulations: Sections 3509, 3513(h), 3524.52(a), 3541.3, 3544.7(b), 3551(a), 3555.5(c), 3563, 3577(b), 71639.1 and 71825, Government Code; and Sections 99561 and 99564.4(b), Public Utilities Code. General reference for

section 32132 of the Board’s regulations: Sections 3509, 3509.3, 3513(h), 3520.8, 3524.52(a), 3524.76, 3541.3(n), 3541.35, 3563(m), 3551(a), 3555.5(c), 3563.5, 71639.1, 71639.15, 71825 and 71825.05, Government Code; and Sections 99561(

m) and 99561.4, Public Utilities Code. General reference for

section 32135 of the Board’s regulations: Sections 3509, 3513(h), 3524.52(a), 3541.3(n), 3551(a), 3555.5(c), 3563(m), 71639.1 and 71825, Government Code; and

Section 99561(m), Pub- lic Utilities Code. General reference for

section 32136 of the Board’s regulations: Sections 3509, 3513(h), 3524.52(a), 3541.3(n), 3551(a), 3555.5(c), 3563(m), 71639.1 and 71825, Government Code; and Sections 12, 12(

a) and 1013, Code of Civil Procedure; and Sec- tion 99561(m), Public Utilities Code. General refer - ence for

section 32140 of the Board’s regulations: Sec- tions 3509, 3513(h), 3524.52(a), 3541.3(n), 3551(a), 3555.5(c), 3563(m), 71639.1 and 71825, Government Code; and

Section 99561(m), Public Utilities Code. General reference for

section 32143 of the Board’s regulations: Sections 3509, 3513(h), 3524.52(a), 3541.3(n), 3551(a), 3555.5(c), 3563(m), 71639.1 and 71825, Government Code; and Sections 12, 12(

a) and 1013, Code of Civil Procedure; and

Section 99561(m), Public Utilities Code. General reference for

section 32145 of the Board’s regulations: Sections 3509, 3513(h), 3524.52(a), 3541.3(n), 3551(a), 3555.5(c), 3563(m), 71639.1 and 71825, Government Code; and

Section 99561(m), Public Utilities Code. General ref - erence for

section 32147 of the Board’s regulations: Sections 3509, 3513(h), 3524.52(a), 3541.3(n), 3551(a), 3555.5(c), 3563(m), 71639.1 and 71825, Government Code; and

Section 99561(m), Public Utilities Code. General reference for

section 32149 of the Board’s regulations: 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), Pub- lic Utilities Code. General reference for

section 32150

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 11-Z 275 of the Board’s regulations: Sections 3509, 3513(h), 3524.52(a), 3541.3(h), 3551(a), 3555.5(c), 3563(g), 3601, 71639.1 and 71825, Government Code; and

Section 99561(g), Public Utilities Code. General reference for

section 32155 of the Board’s regulations: Sections 3509, 3509.5, 3513, 3520, 3524.52(a), 3524.73, 3541.3, 3542, 3551(a), 3555.5(c), 3557, 3563, 3564, 71639.1, 71639.4, 71825 and 71825.1, Government Code; and Sections 4.4, 13.91, 25052, 28851, 30751, 40122, 50121, 70122, 90300, 95651, 98162.5, 99561, 99562, 100301, 101344, 102403, 103401, 120505 and 125521, Public Utilities Code. General reference for

section 32162 of the Board’s regulations: 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. General reference for

section 32164 of the Board’s regulations: 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. General refer- ence for

section 32165 of the Board’s regulations: Sec- tions 3509, 3513(h), 3524.52(a), 3541.3(a), 3541.3(b), 3541.3(h), 3541.3 (l), 3541.3(m), 3541.3(n), 3563(a), 3563(c), 3563(g), 3563(k), 3563 (l), 71639.1 and 71825, Government Code; and Sections 99561(a), 99561(c), 99561(g), 99561(

k) and 99561 (l), Public Utilities Code. General reference to

section 32166 of the Board’s regulations: Sections 3509, 3513(h), 3524.52(a), 3541.3(a), 3541.3(b), 3541.3(h), 3541.3 (l), 3541.3(m), 3541.3(n), 3563(a), 3563(c), 3563(g), 3563(k), 3563 (l), 71639.1 and 71825, Government Code; and Sections 99561(a), 99561(c), 99561(g), 99561(

k) and 99561 (l), Public Utilities Code. General reference for

section 32168 of the Board’s regulations: Sections 3509, 3513(h), 3524.52(a), 3541.3(h), 3541.3 (k), 3551(a), 3555.5(c), 3563(g), 3563(j), 71639.1 and 71825, Gov- ernment Code; and Sections 99561(

g) and 99561(j), Public Utilities Code. General reference for

section 32169 of the Board’s regulations: 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. General refer- ence for

section 32170 of the Board’s regulations: Sec- tions 3509, 3513(h), 3524.52(a), 3541.3(h), 3541.3(k), 3551(a), 3555.5(c), 3563(g), 3563(j), 71639.1 and 71825, Government Code; and Sections 99561(

g) and 99561(j), Public Utilities Code. General reference for

section 32175 of the Board’s regulations: Sections 3509, 3513(h), 3524.52(a), 3541.3(a), 3541.3(b), 3541.3(h), 3541.3 (l), 3541.3(m), 3563(a), 3563(c), 3563(g), 3563(k), 3563 (l), 71639.1 and 71825, Govern- ment Code; and Sections 99561(a), 99561(c), 99561(g), 99561(

k) and 99561 (l), Public Utilities Code. General reference for

section 32176 of the Board’s regulations: Sections 3509, 3513(h), 3524.52(a), 3541.3(h), 3541.3(i), 3551(a), 3555.5(c), 3563(g), 3563(h), 71639.1 and 71825, Government Code; and Sections 99561(

g) and 99561(h), Public Utilities Code. General reference for

section 32178 of the Board’s regulations: Sections 3509, 3513(h), 3524.52(a), 3541.3(h), 3541.3(i), 3551(a), 3555.5(c), 3563(g), 3563(h), 71639.1 and 71825, Gov- ernment Code; and Sections 99561(

g) and 99561(h), Public Utilities Code. General reference for

section 32180 of the Board’s regulations: 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. General refer- ence for

section 32185 of the Board’s regulations: Sec- tions 3509, 3513(h), 3524.52(a), 3541.3(h), 3541.3(i), 3541.3(n), 3551(a), 3555.5(c), 3563(g), 3563(h), 3563(m), 71639.1 and 71825, Government Code; and Sections 99561(g), 99561(

h) and 99561(m), Public Utilities Code. General reference for

section 32190 of the Board’s regulations: 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), Pub- lic Utilities Code. General reference for

section 32200 of the Board’s regulations: 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. General reference for

section 32205 of the Board’s regulations: 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. General refer- ence for

section 32206 of the Board’s regulations: 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. General reference for

section 32207 of the Board’s regulations: 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), Pub- lic Utilities Code. General reference for

section 32209 of the Board’s regulations: 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. General reference for

section 32210 of the Board’s regulations: Sections 3509, 3513(h), 3524.52(a), 3541.3(a), 3541.3(b), 3541.3(e), 3541.3(g), 3541.3(h), 3541.3(i), 3541.3 (l), 3541.3(m), 3541.3(n), 3551(a), 3555.5(c), 3563(a), 3563(b), 3563(e), 3563(f), 3563(g), 3563(h), 3563(k), 3563 (l), 3563(m), 71639.1 and 71825, Government Code; and

Section 99561, Public Utilities Code. Gen - eral reference for

section 32212 of the Board’s regula- tions: Sections 3509, 3513(h), 3524.52(a), 3541.3(h), 3551(a), 3555.5(c), 3563(g), 71639.1 and 71825, Govern- ment Code; and

Section 99561(g), Public Utilities Code. General reference for

section 32215 of the Board’s regulations: Sections 3509, 3513(h), 3524.52(a), 3541.3(h), 3551(a), 3555.5(c), 3563(g), 71639.1 and

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 11-Z 276 71825, Government Code; and

Section 99561(g), Pub- lic Utilities Code. General reference for

section 32220 of the Board’s regulations: 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. General reference for

section 32230 of the Board’s regulations: 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. General refer- ence for

section 32295 of the Board’s regulations: Sections 3509, 3513, 3514.5, 3524.52(a), 3524.55, 3541.3, 3541.5, 3551(a), 3555.5(c), 3563, 3563.2, 71639.1 and 71825, Government Code; and Sections 99561 and 99561.2, Public Utilities Code. General reference for

section 32300 of the Board’s regulations: Sections 3509, 3513(h), 3524.52(a), 3541.3(k), 3541.3(n), 3551(a), 3555.5(c), 3563(j), 3563(m), 71639.1 and 71825, Gov- ernment 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. General ref- erence for

section 32305 of the Board’s regulations: Sections 3509, 3509.3, 3513(h), 3520.8, 3524.52(a), 3524.76, 3541.3(k), 3541.3(n), 3541.35, 3551(a), 3555.5(c), 3563(j), 3563(m), 3563.5, 71639.1, 71639.15, 71825 and 71825.05, Government Code; and Sections 99561(j), 99561(

m) and 99561.4, Public Utilities Code. General reference for

section 32310 of the Board’s regulations: Sections 3509, 3513(h), 3524.52(a), 3541.3(k), 3541.3(n), 3551(a), 3555.5(c), 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. General reference for

section 32312 of the Board’s regulations: Sections 3509, 3513(h), 3524.52(a), 3541.3(k), 3541.3(n), 3563(j), 3563(m), 71639.1 and 71825, Government Code; and Sections 25052, 28851, 30751, 40122, 50121, 70122, 90300, 95651, 98162.5, 99561(j), 99561(m), 100301, 101344, 102403, 103401, 120505 and 125521, Appen- dix I,

Section 4.4 and Appendix 2,

Section 13.91, Pub- lic Utilities Code. General reference for

section 32315 of the Board’s regulations: Sections 3509, 3513(h), 3524.52(a), 3541.3(k), 3541.3(n), 3551(a), 3555.5(c), 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. General reference for

section 32320 of the Board’s regulations: Sections 3509, 3513(h), 3514.5, 3524.52(a), 3524.55, 3541.3(k), 3541.3(n), 3551(a), 3555.5(c), 3563(j), 3563(m), 3563.2, 11425.60, 71639.1 and 71825, Government Code; and Sections 99561(j), 99561(

m) and 99561.2, Public Utili- ties Code. General reference for

section 32325 of the Board’s regulations: Sections 3509, 3509.5, 3514.5(c), 3520, 3524.55(c), 3524.73, 3541.5(c), 3542, 3551(a), 3555.5(c), 3563.3, 3564, 71639.1, 71639.4, 71825 and 71825.1, Government Code;

Section 99561(f), Public Utilities Code; and Firefighters Union, Local 1186 v. City of Vallejo (1974) 12 Cal.3d 608. General reference for

section 32350 of the Board’s regulations: 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. General reference for

section 32360 of the Board’s regulations: Sections 3509, 3513(h), 3524.52(a), 3541.3(k), 3541.3(n), 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. General reference for

section 32370 of the Board’s regulations: Sections 3509, 3513(h), 3524.52(a), 3541.3(k), 3541.3(n), 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. General reference for

section 32375 of the Board’s regulations: Sections 3509, 3513(h), 3524.52(a), 3541.3(k), 3541.3(n), 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. General reference for

section 32380 of the Board’s regulations: Sections 3505.4, 3509, 3513(h), 3524.52(a), 3541.3(k), 3541.3(n), 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. General reference for

section 32400 of the Board’s regulations: Sections 3509, 3509.5, 3520, 3524.73, 3542, 3551(a), 3555.5(c), 3564, 71639.4 and 71825.1, Government Code; and

Section 99562, Public Utilities Code. General reference for

section 32410 of the Board’s regulations: Sections 3509, 3513(h), 3524.52(a), 3541.3(k), 3541.3(n), 3551(a), 3555.5(c), 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. General reference for

section 32450 of the Board’s regulations: Sections 3509, 3513(h), 3524.52(a), 3551(a), 3555.5(c), 3541.3(j),

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 11-Z 277 3541.3(n), 3563(i), 71639.1 and 71825, Government Code; and

Section 99561(i), Public Utilities Code. General reference for

section 32455 of the Board’s regulations: Sections 3509, 3513(h), 3524.52(a), 3541.3(j), 3551(a), 3555.5(c), 3563(i), 71639.1 and 71825, Government Code; and

Section 99561(i), Pub- lic Utilities Code. General reference for

section 32460 of the Board’s regulations: Sections 3509, 3513(h), 3524.52(a), 3541.3(j), 3541.3(n), 3551(a), 3555.5(c), 3563(i), 3563(m), 71639.1 and 71825, Government Code; and Sections 99561(

i) and 99561(m), Public Utilities Code. General reference for

section 32465 of the Board’s regulations: Sections 3509, 3513(h), 3524.52(a), 3541.3(j), 3541.3(n), 3551(a), 3555.5(c), 3563(i), 3563(m), 71639.1 and 71825, Government Code; and Sections 99561(

i) and 99561(m), Public Utilities Code. General reference for

section 32470 of the Board’s regulations: Sections 3509, 3513(h), 3524.52(a), 3541(f), 3541(g), 3541.3(j), 3541.3(k), 3551(a), 3555.5(c), 3563(i), 3563(j), 71639.1 and 71825, Government Code; and Sections 99561(

i) and 99561(j), Public Utilities Code. General reference for

section 32500 of the Board’s regulations: Sections 3509, 3509.5, 3520, 3524.73, 3542, 3564, 71639.4 and 71825.1, Government Code; and

Section 99562, Public Utilities Code. General reference for

section 32602 of the Board’s regulations: Sections 3502.5, 3506.5, 3509, 3513(h), 3514.5, 3515.7, 3519, 3519.5, 3523, 3524.52(a), 3524.55, 3524.59, 3524.71, 3524.72, 3524.78, 3541.3(n), 3541.5, 3543.5, 3543.6, 3546.5, 3547, 3547.5, 3551(a), 3555.5(c), 3563(m), 3563.2, 3571, 3571.1, 3571.3, 3584, 3587, 3595, 71632.5, 71636, 71636.3, 71637.1, 71639.1, 71814, 71823 and 71825, Government Code; and Sec- tions 99561(h), 99561.2, 99563.7, 99563.8, 99566.3 and 99569, Public Utilities Code. General reference for

section 32612 of the Board’s regulations: Sections 3509, 3513(h), 3514.5, 3524.52(a), 3524.55, 3541.3(i), 3541.5, 3551(a), 3555.5(c), 3563(h), 3563.2, 71639.1, 71807 and 71825, Government Code; and Sections 99561(

h) and 99561.2, Public Utilities Code. General reference for

section 32615 of the Board’s regulations: Sections 3502.5, 3509, 3513(h), 3514.5, 3515.7, 3519, 3519.5, 3523, 3524.52(a), 3524.55, 3524.59, 3524.71, 3524.72, 3524.78, 3541.3(n), 3541.5, 3543.5, 3543.6, 3546.5, 3547, 3547.5, 3551(a), 3555.5(c), 3563(m), 3563.2, 3571, 3571.1, 3571.3, 3584, 3587, 3595, 71632.5, 71639.1, 71814 and 71825, Government Code; and Sec- tions 99561(h), 99561.2, 99563.7, 99563.8, 99566.3 and 99569, Public Utilities Code. General reference for

section 32620 of the Board’s regulations: Sections 3502.5, 3506.5, 3509, 3513(h), 3514.5, 3515.7, 3519, 3519.5, 3523, 3524.52(a), 3524.55, 3524.59, 3524.71, 3524.72, 3524.78, 3541.3(i), 3541.5, 3543.5, 3543.6, 3546.5, 3547, 3547.5, 3551(a), 3555.5(c), 3563(h), 3563.2, 3571, 3571.1, 3571.3, 3584, 3587, 3595, 71632.5, 71639.1 and 71825, Government Code; Sections 99561(h), 99561.2, 99563.7, 99563.8, 99566.3 and 99569, Public Utilities Code; Firefighters Union, Lo- cal 1186 v. City of Vallejo (1974) 12 Cal.3d 608, and Coachella Valley Mosquito and Vector Control Dis - trict v. Public Employment Relations Board (2005) 35 Cal.4th 1072. General reference for

section 32621 of the Board’s regulations: Sections 3502.5, 3506.5, 3509, 3513(h), 3514.5, 3515.7, 3519, 3519.5, 3523, 3524.52(a), 3524.55, 3524.59, 3524.71, 3524.72, 3524.78, 3541.3(n), 3541.5, 3543.5, 3543.6, 3546.5, 3547, 3547.5, 3551(a), 3555.5(c), 3563(m), 3563.2, 3571, 3571.1, 3571.3, 3584, 3587, 3595, 71632.5, 71636, 71636.3, 71637.1, 71639.1, 71814, 71823 and 71825, Government Code; and Sec- tions 99561(h), 99561.2, 99563.7, 99563.8, 99566.3 and 99569, Public Utilities Code. General reference for

section 32625 of the Board’s regulations: Sections 3502.5, 3506.5, 3509, 3513, 3514.5, 3515.7, 3519, 3519.5, 3523, 3524.52(a), 3524.55, 3524.59, 3524.71, 3524.72, 3524.78, 3541.3(n), 3541.5, 3543.5, 3543.6, 3546.5, 3547, 3547.5, 3551(a), 3555.5(c), 3563(m), 3563.2, 3571, 3571.1, 3571.3, 3584, 3587, 3595, 71632.5, 71639.1, 71814 and 71825, Government Code; and Sections 99561(h), 99561.2, 99563.7, 99563.8, 99566.3 and 99569, Public Utilities Code. General reference for

section 32630 of the Board’s regulations: Sections 3502.5, 3506.5, 3509, 3513(h), 3514.5, 3515.7, 3519, 3519.5, 3523, 3524.52(a), 3524.55, 3524.59, 3524.71, 3524.72, 3524.78, 3541.3(i), 3541.3(n), 3541.5, 3543.5, 3543.6, 3546.5, 3547, 3547.5, 3551(a), 3555.5(c), 3563(h), 3563(m), 3563.2, 3571, 3571.1, 3571.3, 3584, 3587, 3595, 71632.5, 71639.1, 71814 and 71825, Gov- ernment Code; and Sections 99561(h), 99561.2, 99563.7, 99563.8, 99566.3 and 99569, Public Utilities Code. General reference for

section 32635 of the Board’s regulations: Sections 3502.5, 3506.5, 3509, 3513(h), 3514.5, 3515.7, 3519, 3519.5, 3523, 3524.52(a), 3524.55, 3524.59, 3524.71, 3524.72, 3524.78, 3541.3(i), 3541.3(n), 3541.5, 3543.5, 3543.6, 3546.5, 3547, 3547.5, 3551(a), 3555.5(c), 3563(h), 3563(m), 3563.2, 3571, 3571.1, 3571.3, 3584, 3587, 3595, 71632.5, 71639.1, 71814 and 71825, Government Code; and Sections 99561(h), 99561.2, 99563.7, 99563.8, 99566.3 and 99569, Public Utilities Code. General reference for

section 32640 of the Board’s regulations: Sections 3502.5, 3506.5, 3509, 3513(h), 3514.5, 3515.7, 3519, 3519.5, 3523, 3524.52(a), 3524.55, 3524.59, 3524.71, 3524.72, 3524.78, 3541.3(i), 3541.3(n), 3541.5, 3543.5, 3543.6, 3546.5, 3547, 3547.5, 3551(a), 3555.5(c), 3563(h), 3563(m), 3563.2, 3571, 3571.1, 3571.3, 3584, 3587, 3595, 71632.5, 71639.1, 71814 and 71825, Gov- ernment Code; and Sections 99561(h), 99561.2, 99563.7, 99563.8, 99566.3 and 99569, Public Utilities Code. General reference for

section 32644 of the Board’s regulations: Sections 3502.5, 3506.5, 3509, 3513(h), 3514.5, 3515.7, 3519, 3519.5, 3523, 3524.52(a), 3524.55, 3524.59, 3524.71, 3524.72, 3524.78, 3541.3(i),

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 11-Z 278 3541.3(n), 3541.5, 3543.5, 3543.6, 3546.5, 3547, 3547.5, 3551(a), 3555.5(c), 3563(h), 3563(m), 3563.2, 3571, 3571.1, 3571.3, 3584, 3587, 3595, 71632.5, 71639.1, 71814 and 71825, Government Code; and Sections 99561(h), 99561.2, 99563.7, 99563.8, 99566.3 and 99569, Public Utilities Code. General reference for

section 32645 of the Board’s regulations: Sections 3509, 3514.5(a), 3524.52(a), 3524.55, 3541.5(a), 3551(a), 3555.5(c), 3563.2, 71639.1 and 71825, Government Code; and Sections 99561(h), 99561.2, 99563.7 and 99563.8, Public Utilities Code. General reference for

section 32647 of the Board’s regulations: Sections 3502.5, 3506.5, 3509, 3513(h), 3514.5, 3515.7, 3519, 3519.5, 3523, 3524.52(a), 3524.55, 3524.59, 3524.71, 3524.72, 3524.78, 3541.3(i), 3541.3(n), 3541.5, 3543.5, 3543.6, 3546.5, 3547, 3547.5, 3551(a), 3555.5(c), 3563(h), 3563(m), 3563.2, 3571, 3571.1, 3571.3, 3584, 3587, 3595, 71632.5, 71639.1, 71814 and 71825, Gov- ernment Code; and Sections 99561(h), 99561.2, 99563.7, 99563.8, 99566.3 and 99569, Public Utilities Code. General reference for

section 32648 of the Board’s regulations: Sections 3502.5, 3506.5, 3509, 3513(h), 3514.5, 3515.7, 3519, 3519.5, 3523, 3524.52(a), 3524.55, 3524.59, 3524.71, 3524.72, 3524.78, 3541.3(i), 3541.3(n), 3541.5, 3543.5, 3543.6, 3546.5, 3547, 3547.5, 3551(a), 3555.5(c), 3563(h), 3563(m), 3563.2, 3571, 3571.1, 3571.3, 3584, 3587, 3595, 71632.5, 71639.1, 71814 and 71825, Government Code; and Sections 99561(g), 99561(h), 99561.2, 99563.7, 99563.8, 99566.3 and 99569, Public Utilities Code. General reference for

section 32649 of the Board’s regulations: Sections 3502.5, 3506.5, 3509, 3513(h), 3514.5, 3515.7, 3519, 3519.5, 3523, 3524.52(a), 3524.55, 3524.59, 3524.71, 3524.72, 3524.78, 3541.3(i), 3541.3(n), 3541.5, 3543.5, 3543.6, 3546.5, 3547, 3547.5, 3551(a), 3555.5(c), 3563(h), 3563(m), 3563.2, 3571, 3571.1, 3571.3, 3584, 3587, 3595, 71632.5, 71639.1, 71814 and 71825, Gov- ernment Code; and Sections 99561(h), 99561.2, 99563.7, 99563.8, 99566.3 and 99569, Public Utilities Code. General reference for

section 32650 of the Board’s regulations: Sections 3502.5, 3506.5, 3509, 3513(h), 3514.5, 3515.7, 3519, 3519.5, 3523, 3524.52(a), 3524.55, 3524.59, 3524.71, 3524.72, 3524.78, 3541.3(i), 3541.3(n), 3541.5, 3543.5, 3543.6, 3546.5, 3547, 3547.5, 3551(a), 3555.5(c), 3563(h), 3563(m), 3563.2, 3571, 3571.1, 3571.3, 3584, 3587, 3595, 71632.5, 71639.1, 71814 and 71825, Government Code; and Sections 99561(h), 99561.2, 99563.7, 99563.8, 99566.3 and 99569, Public Utilities Code. General reference for

section 32661 of the Board’s regulations: Sections 3506.5, 3509, 3514.5, 3519, 3519.5, 3524.52(a), 3524.55, 3524.71, 3524.72, 3541.5, 3543.5, 3543.6, 3551(a), 3555.5(c), 3558.8, 3563.2, 3571, 3571.1, 3571.3, 3589, 71639.1 and 71825, Government Code; and Sections 99561(h), 99561.2, 99563.7, 99563.8 and 99567, Public Utilities Code. General reference for

section 32680 of the Board’s regulations: Sections 3502.5, 3506.5, 3509, 3513(h), 3514.5, 3515.7, 3519, 3519.5, 3523, 3524.52(a), 3524.55, 3524.59, 3524.71, 3524.72, 3524.78, 3541.3(i), 3541.3(n), 3541.5, 3543.5, 3543.6, 3546.5, 3547, 3547.5, 3551(a), 3555.5(c), 3563(h), 3563(m), 3563.2, 3571, 3571.1, 3571.3, 3584, 3587, 3595, 71632.5, 71639.1, 71814 and 71825, Government Code; and Sections 99561(g), 99561(h), 99561.2, 99563.7, 99563.8, 99566.3 and 99569, Public Utilities Code. General reference for

section 32690 of the Board’s regulations: Sections 3502.5, 3506.5, 3509, 3513(h), 3514.5, 3515.7, 3519, 3519.5, 3523, 3524.52(a), 3524.55, 3524.59, 3524.71, 3524.72, 3524.78, 3541.3(i), 3541.3(n), 3541.5, 3543.5, 3543.6, 3546.5, 3547, 3547.5, 3551(a), 3555.5(c), 3563(h), 3563(m), 3563.2, 3571, 3571.1, 3571.3, 3584, 3587, 3595, 71632.5, 71639.1, 71814 and 71825, Gov- ernment Code; and Sections 99561(g), 99561(h), 99561.2, 99563.7, 99563.8, 99566.3 and 99569, Public Utilities Code. General reference for

section 32700 of the Board’s regulations: Sections 3513(h), 3515.7(d), 3520.5, 3524.52(a), 3524.74, 3544, 3544.1, 3544.3, 3544.5, 3544.7, 3546, 3573, 3574, 3575, 3576, 3577 and 3585.5, Government Code; and Sections 99561(c), 99561(e), 99561(k), 99561 (l), 99564, 99564.1, 99564.2, 99564.3, 99564.4 and 99566.1, Public Utilities Code; and Sections 8431 and 8434, Education Code. General reference for

section 32720 of the Board’s regulations: Sections 3541.3(c), 3541.3(e), 3541.3(g), 3541.3 (l), 3541.3(m), 3513(h), 3520.5(b), 3524.52(a), 3524.74(a), 3524.74(b), 3524.74(d), 3544.1(a), 3544.3, 3544.7(a), 3546, 3563(c), 3574(a), 3577, 3579(

e) and 3583.5, Gov- ernment Code; and Sections 99561(c), 99561(e), 99561(k), 99561 (l), 99564, 99564.1, 99564.2, 99564.3, 99564.4 and 99566.1, Public Utilities Code. General reference for

section 32721 of the Board’s regulations: Sections 3520.5(b), 3524.52(a), 3524.74(a), 3524.74(b), 3524.74(d), 3544.1(a), 3544.3, 3544.7(a), 3546, 3574(a), 3577, 3579(

e) and 3583.5, Government Code; and Sec- tions 99561(c), 99561(e), 99561(k), 99561 (l), 99564, 99564.1, 99564.2, 99564.3, 99564.4 and 99566.1, Pub- lic Utilities Code. General reference for

section 32722 of the Board’s regulations: Sections 3513(h), 3520.5(b), 3524.52(a), 3524.74(a), 3524.74(b), 3524.74(d), 3541.3(c), 3541.3(e), 3541.3(m), 3544.1(a), 3544.3, 3544.7(a), 3546, 3563(c), 3574(a), 3577, 3579(

e) and 3583.5, Government Code; and Sections 99561(c), 99561(e), 99561(k), 99561 (l), 99564, 99564.1, 99564.2, 99564.3, 99564.4 and 99566.1, Public Utilities Code. General reference for

section 32724 of the Board’s regulations: Sections 3520.5(b), 3524.52(a), 3524.74(a), 3524.74(b), 3524.74(d), 3544.1(a), 3544.3, 3544.7(a), 3546, 3574(a), 3577, 3579(

e) and 3583.5, Government Code; and Sections 99561(c), 99561(e), 99561(k), 99561 (l), 99564, 99564.1, 99564.2, 99564.3, 99564.4 and 99566.1, Public Utilities Code. General reference for

section 32726 of the Board’s regulations: Sections

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 11-Z 279 3520.5(b), 3524.52(a), 3524.74(a), 3524.74(b), 3524.74(d), 3544.1(a), 3544.3, 3544.7(a), 3546, 3574(a), 3577, 3579(

e) and 3583.5, Government Code; and Sec- tions 99561(c), 99561(e), 99561(k), 99561 (l), 99564, 99564.1, 99564.2, 99564.3, 99564.4 and 99566.1, Pub- lic Utilities Code. General reference for

section 32728 of the Board’s regulations: Sections 3513(h), 3520.5(b), 3524.52(a), 3524.74(a), 3524.74(b), 3524.74(d), 3541.3(c), 3544.1(a), 3544.3, 3544.7(a), 3546, 3563(c), 3574(a), 3577, 3579(

e) and 3583.5, Government Code; and Sections 99561(c), 99561(e), 99561(k), 99561 (l), 99564, 99564.1, 99564.2, 99564.3, 99564.4 and 99566.1, Public Utilities Code. General reference for

section 32730 of the Board’s regulations: Sections 3513(h), 3520.5(b), 3524.52(a), 3524.74(a), 3524.74(b), 3524.74(d), 3541.3(c), 3544.1(a), 3544.3, 3544.7(a), 3546, 3563(c), 3574(a), 3577, 3579(

e) and 3583.5, Gov- ernment Code; and Sections 99561(c), 99561(e), 99561(k), 99561 (l), 99564, 99564.1, 99564.2, 99564.3, 99564.4 and 99566.1, Public Utilities Code. General reference for

section 32732 of the Board’s regulations: Sections 3513(h), 3520.5(b), 3524.52(a), 3524.74(a), 3524.74(b), 3524.74(d), 3541.3(c), 3544.1(a), 3544.3, 3544.7(a), 3546, 3563(c), 3574(a), 3577, 3579(

e) and 3583.5, Government Code; and Sections 99561(c), 99561(e), 99561(k), 99561 (l), 99564, 99564.1, 99564.2, 99564.3, 99564.4 and 99566.1, Public Utilities Code. General reference for

section 32734 of the Board’s regulations: Sections 3513(h), 3520.5(b), 3524.52(a), 3524.74(a), 3524.74(b), 3524.74(d), 3541.3(c), 3544.1(a), 3544.3, 3544.7(a), 3546, 3563(c), 3574(a), 3577, 3579(

e) and 3583.5, Government Code; and Sections 99561(c), 99561(e), 99561(k), 99561 (l), 99564, 99564.1, 99564.2, 99564.3, 99564.4 and 99566.1, Public Utilities Code. General reference for

section 32735 of the Board’s regulations: Sections 3520.5(b), 3524.52(a), 3524.74(a), 3524.74(b), 3524.74(d), 3544.1(a), 3544.3, 3544.7(a), 3546, 3574(a), 3577, 3579(

e) and 3583.5, Government Code; and Sections 99561(c), 99561(e), 99561(k), 99561 (l), 99564, 99564.1, 99564.2, 99564.3, 99564.4 and 99566.1, Public Utilities Code. General reference for

section 32736 of the Board’s regulations: Sections 3513(h), 3520.5(b), 3524.52(a), 3524.74(a), 3524.74(b), 3524.74(d), 3541.3(c), 3544.1(a), 3544.3, 3544.7(a), 3546, 3563(c), 3574(a), 3577, 3579(

e) and 3583.5, Gov- ernment Code; and Sections 99561(c), 99561(e), 99561(k), 99561 (l), 99564, 99564.1, 99564.2, 99564.3, 99564.4 and 99566.1, Public Utilities Code. General reference for

section 32738 of the Board’s regulations: Sections 3513(h), 3520.5(b), 3524.52(a), 3524.74(a), 3524.74(b), 3524.74(d), 3541.3(c), 3544.1(a), 3544.3, 3544.7(a), 3546, 3563(c), 3574(a), 3577, 3579(

e) and 3583.5, Government Code; and Sections 99561(c), 99561(e), 99561(k), 99561 (l), 99564, 99564.1, 99564.2, 99564.3, 99564.4 and 99566.1, Public Utilities Code. General reference for

section 32739 of the Board’s regulations: Sections 3513(h), 3520.5(b), 3524.52(a), 3524.74(a), 3524.74(b), 3524.74(d), 3541.3(c), 3544.1(a), 3544.3, 3544.7(a), 3546, 3563(c), 3574(a), 3577, 3579(

e) and 3583.5, Government Code; and Sections 99561(c), 99561(e), 99561(g), 99561(k), 99561 (l), 99564, 99564.1, 99564.2, 99564.3, 99564.4 and 99566.1, Public Utili - ties Code. General reference for

section 32740 of the Board’s regulations: Sections 3513(h), 3520.5(b), 3524.52(a), 3524.74(a), 3524.74(b), 3524.74(d), 3541.3(c), 3544.1(a), 3544.3, 3544.7(a), 3546, 3574(a), 3577, 3579(

e) and 3583.5, Government Code; and Sec- tions 99561(c), 99561(e), 99561(k), 99561 (l), 99564, 99564.1, 99564.2, 99564.3, 99564.4 and 99566.1, Pub- lic Utilities Code. General reference for

section 32742 of the Board’s regulations: Sections 3513(h), 3520.5(b), 3524.52(a), 3524.74(a), 3524.74(b), 3524.74(d), 3541.3(c), (h), 3544.1(a), 3544.3, 3544.7(a), 3546, 3563(c), 3563(g), 3574(a), 3577, 3579(

e) and 3583.5, Government Code; and Sections 99561(c), 99561(e), 99561(g), 99561(k), 99561 (l), 99564, 99564.1, 99564.2, 99564.3, 99564.4 and 99566.1, Public Utilities Code. General reference for

section 32744 of the Board’s regulations: Sections 3513(h), 3520.5(b), 3524.52(a), 3524.74(a), 3524.74(b), 3524.74(d), 3541.3(c), (h), 3544.1(a), 3544.3, 3544.7(a), 3546, 3563(c), 3563(m), 3574(a), 3577, 3579(

e) and 3583.5, Government Code; and Sections 99561(c), 99561(e), 99561(k), 99561 (l), 99564, 99564.1, 99564.2, 99564.3, 99564.4 and 99566.1, Public Utilities Code. General reference for

section 32746 of the Board’s regulations: Sections 3520.5(b), 3524.52(a), 3524.74(a), 3524.74(b), 3524.74(d), 3544.1(a), 3544.3, 544.7(a), 3546, 3574(a), 3577, 3579(

e) and 3583.5, Government Code; and Sec- tions 99561(c), 99561(e), 99561(k), 99561 (l), 99564, 99564.1, 99564.2, 99564.3, 99564.4 and 99566.1, Pub- lic Utilities Code. General reference for

section 32748 of the Board’s regulations: Sections 3513(h), 3520.5(b), 3524.52(a), 3524.74(a), 3524.74(b), 3524.74(d), 3541.3(c), 3544.1(a), 3544.3, 3544.7(a), 3546, 3563(c), 3574(a), 3577, 3579(

e) and 3583.5, Government Code; and Sections 99561(c), 99561(e), 99561(k), 99561 (l), 99564, 99564.1, 99564.2, 99564.3, 99564.4 and 99566.1, Public Utilities Code. General reference for

section 32750 of the Board’s regulations: Sections 3513(h), 3520.5(b), 3524.52(a), 3524.74(a), 3524.74(b), 3524.74(d), 3541.3(c), 3544.1(a), 3544.3, 3544.7(a), 3546, 3563(c), 3574(a), 3577, 3579(

e) and 3583.5, Gov- ernment Code; and Sections 99561(c), 99561(e), 99561(k), 99561 (l), 99564, 99564.1, 99564.2, 99564.3, 99564.4 and 99566.1, Public Utilities Code. General reference for

section 32752 of the Board’s regulations: Sections 3513(h), 3520.5(b), 3524.52(a), 3524.74(a), 3524.74(b), 3524.74(d), 3541.3(c), 3544.1(a), 3544.3, 3544.7(a), 3546, 3563(c), 3574(a), 3577, 3579(

e) and 3583.5, Government Code; and Sections 99561(c), 99561(e), 99561(k), 99561 (l), 99564, 99564.1, 99564.2,

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 11-Z 280 99564.3, 99564.4 and 99566.1, Public Utilities Code. General reference for

section 32754 of the Board’s regulations: Sections 3513(h), 3520.5(b), 3524.52(a), 3524.74(a), 3524.74(b), 3524.74(d), 3541.3(c), 3544.1(a), 3544.3, 3544.7(a), 3546, 3563(c), 3574(a), 3577, 3579(

e) and 3583.5, Government Code; and Sections 99561(c), 99561(k), 99564, 99564.1, 99564.2, 99564.3, 99564.4 and 99566.1, Public Utilities Code. General reference for

section 32761 of the Board’s regulations: Sections 3513(h), 3524.52(a), 3541.3(

m) and 3563 (l), Govern - ment Code; and

Section 99561 (l), Public Utilities Code. General reference for

section 32762 of the Board’s regulations: Sections 3513(h), 3524.52(a), 3541.3(

m) and 3563 (l), Government Code; and Sec - tion 99561 (l), Public Utilities Code. General reference for

section 32763 of the Board’s regulations: Sections 3513(h), 3524.52(a), 3524.74(b), 3541.3(h), 3541.3(m), 3563(

g) and 3563 (l), Government Code; and

Section 99561(

g) and 99561 (l), Public Utilities Code. General reference for

section 32770 of the Board’s regulations: Sections 3513(h), 3524.52(a), 3524.74(b), 3524.74(d), 3541.3(

g) and 3563(k), Government Code; and Sec - tions 99561(

k) and 99564.3, Public Utilities Code. General reference for

section 32772 of the Board’s regulations: Sections 3513(h), 3524, 3524.50, 3524.52(a), 3524.74(b), 3524.74(d), 3541.3(

g) and 3563(k), Government Code; and Sections 99561(

k) and 99564.3, Public Utilities Code. General reference for

section 32774 of the Board’s regulations: Sections 3513(h), 3524.52(a), 3524.74 (b), 3524.74(d), 3541.3(

g) and 3563(k), Government Code; and Sections 99561(

k) and 99564.3, Public Utilities Code. General reference for

section 32776 of the Board’s regulations: Sections 3513(h), 3524.52(a), 3524.74(a), 3524.74(b), 3524.74(d), 3541.3(g), 3520.5 and 3563(k), Government Code; and Sections 99561(k), 99564.3 and 99564.4, Public Utili- ties Code. General reference for

section 32781 of the Board’s regulations: Sections 3513(h), 3524.52(a), 3524.53, 3524.74, 3541.3(

a) and (

e) and 3563(a), Gov- ernment Code; and

Section 99561(a), (e), Public Utili- ties Code. General reference for

section 32783 of the Board’s regulations: Sections 3513(h), 3524.52(a), 3524.74(b), 3541.3(a), (

e) and 3563(a), Government Code; and

Section 99561(a), (e), Public Utilities Code. General reference for

section 32784 of the Board’s regulations: Sections 3513(h), 3524.52(a), 3524.74(b), 3541.3(a), (

e) and 3563(a), Government Code; and Sec- tion 99561(a), (e), Public Utilities Code. General refer- ence for

section 32786 of the Board’s regulations: Sec- tions 3513(h), 3524.52(a), 3524.53, 3524.74, 3524.77, 3541.3(a), (

e) and 3563(a), Government Code; and Sec- tion 99561(a), (e), (g), Public Utilities Code. General reference for

section 32791 of the Board’s regulations: Sections 3518, 3524.68, 3548 and 3590, Government Code. General reference for

section 32792 of the Board’s regulations: Sections 3518, 3524.68, 3548 and 3590, Government Code. General reference for sec- tion 32793 of the Board’s regulations: Sections 3518, 3524.68, 3548 and 3590, Government Code. General reference for

section 32795 of the Board’s regulations: Sections 3518, 3524.68, 3548 and 3590, Government Code. General reference for

section 32980 of the Board’s regulations: Sections 3509, 3509.5, 3514.5(c), 3520, 3524.52(a), 3524.55(c), 3524.73, 3541.5(c), 3542, 3551(a), 3555.5(c), 3563.3, 3564, 71639.1, 71639.4, 71825 and 71825.1, Government Code; and Sections 99561.3 and 99562, Public Utilities Code; and Fire- fighters Union, Local 1186 v. City of Vallejo (1974) 12 Cal.3d 608. General reference for proposed

section 95000: Sections 3524.52(a), 3524.74, 3541.3(

c) and 3541.3 (l), Government Code. General reference for proposed

section 95010 : Sections 3524.74, 3541.3(

c) and 3541.3 (l), Government Code. General reference for proposed

section 95020:

Section 3524.50, et seq., Government Code. General reference for proposed

section 95030: Sections 3524.74, 3541.3(

c) and 3541.3 (l), Government Code. General reference for pro- posed

section 95040 : Sections 3524.74, 3541.3(

c) and 3541.3 (l), Government Code. General reference for proposed

section 95050 : Sections 3524.74, 3541.3(

c) and 3541.3 (l), Government Code. General reference for proposed

section 95060 : Sections 3524.74, 3541.3(

c) and 3541.3 (l), Government Code. General reference for proposed

section 95070 : Sections 3524.74, 3541.3(

c) and 3541.3 (l), Government Code. General reference for proposed

section 95080 : Sec- tions 3524.74, 3541.3(

c) and 3541.3 (l), Government Code. General reference for proposed

section 95090: Sections 3524.74, 3524.77, 3541.3(c), 3541.3(

h) and 3541.3 (l), Government Code. General reference for proposed

section 95100 : Sections 3524.74, 3541.3(

c) and 3541.3 (l), Government Code. General reference for proposed

section 95110 : Sections 3524.74, 3541.3(

c) and 3541.3 (l), Government Code. General reference for proposed

section 95120 : Sections 3524.74, 3541.3(

c) and 3541.3 (l), Government Code. General reference for proposed

section 95130 : Sec- tions 3524.74, 3541.3(

c) and 3541.3 (l), Government Code. General reference for proposed

section 95140: Sections 3524.74, 3541.3(

c) and 3541.3 (l), Government Code. General reference for proposed

section 95150: Sections 3524.74, 3541.3(

c) and 3541.3 (l), Government Code. General reference for proposed

section 95160: Sections 3524.74, 3524.77, 3541.3(c), 3541.3(

h) and 3541.3 (l), Government Code. General reference for proposed

section 95200 : Sections 3524.74, 3541.3(

c) and 3541.3 (l), Government Code. General reference for proposed

section 95210 : Sections 3524.74, 3541.3(

c) and 3541.3 (l), Government Code. General reference for proposed

section 95220 : Sections 3524.74, 3524.77, 3541.3(

c) and 3541.3 (l), Government Code. General reference for proposed

section 95230:

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 11-Z 281 Sections 3524.74, 3541.3(

c) and 3541.3 (l), Government Code. POLICY STATEMENT OVERVIEW PERB is a quasi–judicial agency which oversees public sector collective bargaining in California. PERB presently administers fourteen collective bargain - ing statutes, ensures their consistent implementation and application, and adjudicates disputes between the parties subject to them.

The statutes administered by PERB are: the Meyers–Milias–Brown Act (MMBA) of 1968, which established collective bargaining for California’s city, county, and local special district em- ployers and employees; the Educational Employment Relations Act (EERA) of 1976 establishing collective bargaining in California’s public schools (K–12) and community colleges; the State Employer–Employee Relations Act of 1978, known as the Ralph C.

Dills Act (Dills Act), establishing collective bargaining for state government employees; the Higher Education Employer–Employee Relations Act (HEERA) of 1979 extending the same coverage to the California State University System, the University of California Sys - tem and Hastings College of Law; the Los Angeles County Metropolitan Transportation Authority Tran - sit Employer–Employee Relations Act (TEERA) of 2003, which covers supervisory employees of the Los Angeles County Metropolitan Transportation Author - ity; the Trial Court Employment Protection and Gov - ernance Act (Trial Court Act) of 2000 and the Trial Court Interpreter Employment and Labor Relations Act (Court Interpreter Act) of 2002, which together provide for collective bargaining rights for most trial court employees; the Public Employee Communication

Chapter (PECC) of 2017, which conferred PERB juris- diction over violations of the PECC; the Prohibition on Public Employers Deterring or Discouraging Union Membership (PEDD) of 2018, which conferred PERB jurisdiction over violations of the PEDD; the Build - ing a Better Early Care and Education System Act of 2019, known as the Childcare Provider Act (CCPA), establishes collective bargaining for family childcare providers who participate in a state–funded early care and education program.

In 2020, the Legislature gave PERB jurisdiction over the Bay Area Rapid Transit District Act (BART Act), where the Board has juris - diction over disputes relating to employer–employee relations at BART, and jurisdiction over the Orange County Transit District Act (OCTDA) in the Public Utilities Code giving PERB jurisdiction over unfair practice charges at the Orange County Transportation Authority.

In 2021, the Legislature gave PERB juris - diction over disputes relating to employer–employee relations of the Sacramento Regional Transit District (SacRT) for those exclusive representatives that have elected to move one or more of its bargaining units to the jurisdiction of PERB for unfair practice charges. As a result of the enactment of Assembly Bill 83 (Stats. 2017, Ch. 835), effective January 1, 2018, PERB acquired responsibility for the administration and enforcement of the Judicial Council Employer–Em - ployee Relations Act (JCEERA), which is codified at

Chapter 10.4 of Title 1 of the Government Code, sec - tion 3524.50 et seq., covering employees of the Judi - cial Council. This new statutory enactment requires amendments to PERB’s existing regulations and the adoption of new regulations in order to fully imple - ment PERB’s jurisdiction. As explained in more detail in the Informative Digest, the regulatory changes pro- posed by this notice address PERB’s need to imple - ment a process for resolving disputes arising under the JCEERA, including the filing and processing of unfair practice charges.

The regulatory changes proposed by this notice also address PERB’s need to implement rules and procedures regarding representation mat - ters, including in the area of representation petitions, elections, decertification, and unit determinations. INFORMATIVE DIGEST A. Adoption of New Sections Proposed

Section 32007 adopts a definition of “JCEERA,” the Judicial Council Employer–Employee Relations Act (Government Code

section 3524.50 et seq.). Proposed

Section 32008 adopts a

section defin - ing terms applicable for matters arising under the JCEERA (Government Code

section 3524.50 et seq.), which includes the definition for the term “employee organization,” as used in Government Code

section 3524.52, subdivision (c), and the term “election inter - venor,” which is not defined under the JCEERA. Proposed

Section 95000 defines the term “window period,” under proposed

Chapter 10 for the JCEERA (Government Code

section 3524.50 et seq.), which is the time period when representation proceedings may be filed during the term of a memorandum of under - standing. This proposed

section provides clarity to the parties regarding when a representation proceeding may be initiated under JCEERA during the term of a memorandum of understanding. Proposed

Section 95010 provides a process for employee organizations that are not the exclusive representative of employees of the Judicial Council to receive notice from PERB regarding representa - tion petitions, election notices, or decisions affecting those employees under proposed

Chapter 10 for the JCEERA (Government Code

section 3524.50 et seq.). This proposed

section provides clarity to the parties regarding the procedures for filing a statement of in - terest with PERB.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 11-Z 282 Proposed

Section 95020 defines the term “parties,” under proposed

Chapter 10 for the JCEERA (Govern- ment Code

section 3524.50 et seq.), to include entities that may be a party to a representation matter. This proposed

section provides clarity in the meaning of the term as it is used in proposed

Chapter 10, which governs representation proceedings specific to the JCEERA. Proposed

Section 95030 provides a procedure for employee organizations to petition to be certified by PERB as the exclusive representative of an appropri - ate unit of unrepresented employees under proposed

Chapter 10 for the JCEERA (Government Code

section 3524.50 et seq.). This proposed

section provides clari- ty to employee organizations and the Judicial Council of the procedure for employee organizations to peti - tion to be certified as the exclusive representative of an appropriate unit of unrepresented employees. Proposed

Section 95040 provides for the posting of the notice of the petition for certification under pro- posed

Chapter 10 for the JCEERA (Government Code

section 3524.50 et seq.), which provides notice to af - fected employees of the petition. Proposed

Section 95050 provides a process for the Board to determine proof of employee support for cer- tification petitions filed under proposed

Chapter 10 for the JCEERA (Government Code

section 3524.50 et seq.). Proof of support is defined under

Section 32700 of existing PERB regulations. Proposed

Section 95060 allows an employee orga- nization to withdraw a petition for certification filed under proposed

Chapter 10 for the JCEERA (Govern- ment Code

section 3524.50 et seq.), that the employee organization no longer wishes to pursue. Proposed

Section 95070 concerns amendments to a petition for certification filed under proposed Chap - ter 10 for the JCEERA (Government Code

section 3524.50 et seq.), which allows a petitioning party to correct mistakes in a petition for certification that are generally non–substantive in nature. Proposed

Section 95080 permits the employer to file a response in order to provide its position regard - ing a petition for certification filed under proposed

Chapter 10 for the JCEERA (Government Code sec - tion 3524.50 et seq.). Proposed

Section 95090 concerns the Board ’ s in- vestigation of a petition for certification filed under proposed

Chapter 10 for the JCEERA (Government Code

section 3524.50 et seq.). This proposed

section enumerates the circumstances under which the Board will dismiss a petition. Proposed

Section 95100 provides for the filing of a severance petition under proposed

Chapter 10 for the JCEERA (Government Code

section 3524.50 et seq.). A severance petition is used where an employee orga- nization wishes to become the exclusive representative of an appropriate unit consisting of employees who are already members of a larger established unit repre- sented by an incumbent exclusive representative. This proposed

section provides clarity to the parties regard- ing the Board’s procedures for initiating severance. Proposed

Section 95110 provides for the posting of the notice of the severance petition under proposed

Chapter 10 for the JCEERA (Government Code sec - tion 3524.50 et seq.), which provides notice to affected employees of the petition. Proposed

Section 95120 provides a process for the Board to determine proof of employee support for sev- erance petitions filed under proposed

Chapter 10 for the JCEERA (Government Code

section 3524.50 et seq.). Proof of support is defined under

Section 32700 of existing PERB regulations. Proposed

Section 95130 permits the employer and exclusive representative of the established unit to each file a response in order to provide their positions re - garding a severance petition filed under proposed

Chapter 10 for the JCEERA (Government Code sec - tion 3524.50 et seq.). Proposed

Section 95140 concerns amendments to a severance petition filed under proposed

Chapter 10 for the JCEERA (Government Code

section 3524.50 et seq.). This proposed

section allows the petitioning employee organization to amend its petition to correct any technical errors or to delete or add job classifica - tions or positions to the proposed unit. This proposed

section also provides for the posting of the notice of the amendment to the petition and the opportunity for parties to provide a response. Proposed

Section 95150 allows an employee orga- nization to withdraw a severance petition filed under proposed

Chapter 10 for the JCEERA (Government Code

section 3524.50 et seq.), that the employee orga- nization no longer wishes to pursue. Proposed

Section 95160 provides for the Board’s investigation of a severance petition filed under pro - posed

Chapter 10 for the JCEERA (Government Code

section 3524.50 et seq.). This proposed

section enu - merates the circumstances under which the Board will dismiss a petition. Proposed

Section 95200 concerns the providing of notice to interested parties when the Board makes the determination to conduct a representation election under proposed

Chapter 10 for the JCEERA (Gov - ernment Code

section 3524.50 et seq.). This proposed

section ensures that all interested parties receive ade - quate notice of PERB’s intent to conduct a representa- tion election. Proposed

Section 95210 provides a procedure for employee organizations to file an intervention to ap - pear on the ballot of a representation election con - ducted by PERB under proposed

Chapter 10 for the JCEERA (Government Code

section 3524.50 et seq.).

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 11-Z 283 Proposed

Section 95220 provides a process for the Board to determine proof of employee support for representation elections and interventions under pro - posed

Chapter 10 for the JCEERA (Government Code

section 3524.50 et seq.). Proof of support is defined under

Section 32700 of existing PERB regulations. Proposed

Section 95230 concerns the election pro- cedures contained in PERB’s regulations that will ap - ply to elections conducted under proposed

Chapter 10 for the JCEERA (Government Code

section 3524.50 et seq.). B. Amendment to the Text of Existing Sections

Section 32085 provides a definition of the term “workday” for matters over which the Board has juris- diction. The proposed amendment to the text of subdi- vision (

h) provides a definition for the term “workday” for matters arising under the JCEERA.

Section 32100 provides for when regulations con - tained in

Chapter 1 apply to PERB proceedings con - ducted under statutes within PERB’s jurisdiction. The proposed amendment to the text of subdivision (

a) extends the application of existing PERB regula - tions under

Chapter 1 to proceedings conducted un - der the JCEERA, and to proposed

Chapter 10, which governs representation matters under the JCEERA. The proposed amendment to the text of subdivision (

f) provides that proposed

Chapter 10, which governs representation matters under the JCEERA, does not apply to mediation, election or other services provided by mediators or conciliators pursuant to Government Code sections 3600 and

Section 32115 specifies the locations for filing doc- uments with PERB in representation matters that are not filed electronically. The proposed amendment to the text of subdivision (

d) extends its application to representation matters filed under the JCEERA.

Section 32120 provides for the filing of written agreements or memorandums of understanding with the Board. The proposed amendment to the text of this

section extends its application to agreements entered into under the JCEERA.

Section 32130 addresses the computation of time for filings with PERB. Subdivision (

a) includes a reference to

Section 32776, which is an exception to the general rule for computing time.

Section 32776 addresses when PERB must summarily dismiss a decertification petition under EERA, the Dills Act, HEERA, and TEERA. One instance is when the de - certification petition is filed outside the designated “window period” in a memorandum of understanding between the employer and exclusive representative. Another instance is when the decertification petition is filed within 12 months of a representation election result being certified. The proposed amendment to the text of subdivision (

a) includes a reference to proposed subdivision (

g) in

Section 32776, which addresses when PERB must summarily dismiss a decertification petition filed under the JCEERA.

Section 32147 provides for expediting matters be - fore the Board. Subdivision (

a) enumerates specific representation matters that may be expedited to quick- ly resolve matters involving employee choice of their representative. The proposed amendment to the text of subdivision (

a) adds a reference to proposed

Section 95030, which governs the filing of petitions for cer - tification under the JCEERA, and proposed

Section 95100, which governs the filing of severance petitions under the JCEERA. This proposed amendment will allow for the timely resolution of these types of peti - tions and provides consistency in PERB’s procedures.

Section 32155 concerns the circumstances for dis - qualifying a Board agent or Board Member from par - ticipating in PERB proceedings. Subdivision (

f) pro - vides that parties to cases arising under the MMBA, the Dills Act, EERA, HEERA, the Trial Court Act, the Court Interpreter Act, and TEERA may include the matter of the Board’s determination regarding a mo - tion for recusal in a writ of extraordinary relief seek - ing judicial review of the Board’s decision on the mer- its. This proposed amendment to the text of subdivi - sion (

f) adds a reference to Government Code

section 3524.73 of the JCEERA that governs a party’s right to file a petition for a writ of extraordinary relief seeking judicial review. The proposed amendment will permit a party that is aggrieved by the Board’s decision un - der the JCEERA in a matter regarding recusal to chal- lenge the Board’s decision in the same manner as the other statutes referenced.

Section 32305 provides that proposed decisions become final if no timely exceptions are filed. Sub - division (

b) states that in representation matters aris - ing under the EERA, the Dills Act, HEERA, MMBA, TEERA, the Trial Court Act, and the Court Interpreter Act, a Board agent’s decision becomes final unless the Board itself issues a decision not later than 180 days from the date exceptions were filed with the Board. The proposed amendment to the text of subdivision (

b) extends the application of this subdivision to the JCEERA by including a reference to proposed

Section 95030, which governs the filing of petitions for cer - tification under the JCEERA, and proposed

Section 95100, which governs the filing of severance petitions under the JCEERA.

Section 32602 provides for the processing of unfair practice charges. Subdivision (

a) provides that alleged violations of statutes within PERB’s jurisdiction will be processed as unfair practice charges. Government Code sections 3524.52, subdivision (a), and 3524.55 provide PERB with jurisdiction over the JCEERA, and the authority to process alleged violations of the JCEERA as unfair practice charges. The proposed amendment to the text of subdivision (

a) provides that

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 11-Z 284 alleged violations of JCEERA will also be processed as unfair practice charges. Subdivision (

c) of this sec - tion provides that alleged violations by an employer or exclusive representative of the public notice require - ments set forth in Government Code sections 3523, 3547, 3547.5, 3595, and Public Utilities Code

section 99569 will be processed as unfair practice charges and may be filed by any affected member of the public. The proposed amendment to the text of subdivision (

c) extends the application of this subdivision to the JCEERA by adding a reference to Government Code

section 3524.78, which sets forth public notice require- ments under the JCEERA.

Section 32620 concerns the processing of unfair practice charges by Board agents. Subdivision (b)(5), in part, prohibits the issuance of a complaint where the conduct alleged to violate the applicable Act is also prohibited by the parties’ written agreement, until the grievance machinery or other remedies have been ex - hausted under Government Code sections 3514.5 (Dills Act), 3541.5 (EERA), 3563.2 (HEERA), 71639.1(c) (Trial Court Act), 71825(c) (Court Interpreter Act), or Public Utilities Code

section 99561.2 (TEERA). The proposed amendment to the text of subdivision (b) (5) extends the application of this subdivision to the JCEERA by adding a reference to Government Code

section 3524.55.

Section 32661 concerns the filing of repugnancy claims regarding unfair practice charge cases that were deferred to arbitration because the dispute was covered by the parties’ written agreement. Subdivision (

a) provides that an unfair practice charge may be filed based on a claim that a settlement or arbitration award resulting from a deferred unfair practice charge is re - pugnant to the applicable Act. The proposed amend - ment to the text of subdivision (

a) extends the appli - cation of this subdivision to the JCEERA by adding a reference to Government Code

section 3524.55(a)(2).

Section 32720 concerns when an election will be conducted in representation matters under EERA, the Dills Act, HEERA, and TEERA. The proposed amendment to the text of this

section adds a reference to proposed

Chapter 10, Subchapter 1, which imple - ments representation procedures for the JCEERA.

Section 32721 defines the term “parties” in repre - sentation matters under EERA, the Dills Act, HEERA, and TEERA. The proposed amendment to the text of this

section extends the definition of “parties” to in - clude employees, employee organizations, and the Judicial Council employer in representation matters arising under the JCEERA.

Section 32754 concerns when the Board must dis - miss a petition requiring a representation election. Un- der EERA, the Dills Act, HEERA, and TEERA, a pe - tition requiring a representation election must be dis - missed if either of the following conditions exist: (1) the petition is filed outside of a designated “window period” for a current collective bargaining agreement between the employer and exclusive representative; or (2) a representation election result has been certified affecting the described unit or a portion thereof within 12 months immediately preceding the date of filing of the petition.

The former is colloquially referred to as “the contract bar” and the latter as the “certification bar.” The purpose of the contract bar is to balance the need for stability during the life of a collective bargain- ing agreement with the employees’ right to free choice of their representative. The purpose of the certification bar is to provide an insulating period of 12 months to permit the employee organization to represent its unit and negotiate with the employer without interference with its representational rights. Proposed subdivision (

e) includes language to ensure that the contract bar and certification bar apply to representation petitions arising under the JCEERA.

Section 32772 provides for notification to employ - ees in a voting unit of a decertification petition. Sub - division (

c) sets forth the time that a notice of decerti- fication petition must be posted. The proposed amend- ment to the text of subdivision (

c) includes language requiring a notice of a decertification petition filed under the JCEERA to be posted for a minimum of 20 days.

Section 32776 concerns the Board’s procedure for investigating decertification petitions. The Board must dismiss a decertification petition under EERA, the Dills Act, HEERA, and TEERA if either of the fol- lowing conditions exist: (1) the petition is filed outside of a designated “window period” for a current collec - tive bargaining agreement between the employer and exclusive representative; or (2) a representation elec - tion result has been certified affecting the described unit or a portion thereof within 12 months immedi - ately preceding the date of filing of the petition.

The former is colloquially referred to as “the contract bar” and the latter as the “certification bar.” The purpose of the contract bar is to balance the need for stability during the life of a collective bargaining agreement with the employees’ right to free choice of their rep - resentative. The purpose of the certification bar is to provide an insulating period of 12 months to permit the employee organization to represent its unit and ne- gotiate with the employer without interference with its representational rights. Proposed subdivision (

g) includes language to en - sure that the contract bar and certification bar apply to petitions for decertification filed under the JCEERA. Proposed subdivision (h) (formerly subdivision (g)), defines “window period.” The proposed amendment to the text of this subdivision adds a reference to pro - posed

Section 95000, which defines the “window pe - riod” for matters filed under the JCEERA.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 11-Z 285

Section 32781 provides a procedure for the filing of petitions to modify existing employee units and the manner in which employee units may be modified. Subdivision (b)(1) permits, in relevant part, the dele - tion of classifications or positions that are not covered by TEERA, EERA, HEERA, or the Dills Act. The proposed amendment to the text of subdivision (b)(1) adds a reference to the JCEERA to extend the appli - cation of this subdivision to the JCEERA.

Subdivision (b)(4) permits, in relevant part, the deletion of clas - sifications or positions not subject to subdivision (b) (1), that are not covered by TEERA, EERA, HEERA, or the Dills Act. The proposed amendment to the text of subdivision (b)(4) adds a reference to the JCEERA to extend the application of this subdivision to the JCEERA. Subdivision (b)(4)(

C) provides for the filing of unit modification petitions under subdivision (b)(4), provided that the petition is filed during the “window period” as defined for EERA, the Dills Act, HEERA, and TEERA. The proposed amendment to the text of subdivision (b)(4)(

C) adds a reference to proposed

Section 95000, which defines the “window period” for matters filed under the JCEERA.

Section 32792 concerns the procedures for parties to request the Board determine the existence of im - passe and appointment of a mediator. Subdivision (

a) makes clear that this

Section applies only to the Dills Act, EERA, and HEERA. The proposed amendment to the text of subdivision (

a) adds a reference to the JCEERA to extend the application of this subdivision to the JCEERA. C. Amendments Only to the Authority and Reference Citations of Existing Regulations

Section 31001 provides for meetings of the Public Employment Relations Board. The proposed changes do not make any changes to the text of this section, but only update the authority and reference citations. This update is necessary to reflect the Legislature’s exten - sion of the Board’s responsibilities to include jurisdic- tion over matters arising under the JCEERA.

Section 32020 provides a definition for the term “Board.” The proposed changes do not make any changes to the text of this section, but only update the authority and reference citations. This update is necessary to reflect the Legislature’s extension of the Board’s responsibilities to include jurisdiction over matters arising under the JCEERA.

Section 32030 provides a definition for the term “Board itself.” The proposed changes do not make any changes to the text of this section, but only update the authority and reference citations. This update is necessary to reflect the Legislature’s extension of the Board’s responsibilities to include jurisdiction over matters arising under the JCEERA.

Section 32040 provides a definition for the term “Executive Director.” The proposed changes do not make any changes to the text of this section, but only update the authority and reference citations. This up - date is necessary to reflect the Legislature’s extension of the Board’s responsibilities to include jurisdiction over matters arising under the JCEERA.

Section 32050 provides a definition for the term “General Counsel.” The proposed changes do not make any changes to the text of this section, but only update the authority and reference citations. This up - date is necessary to reflect the Legislature’s extension of the Board’s responsibilities to include jurisdiction over matters arising under the JCEERA.

Section 32055 provides a definition for the term “Chief Administrative Law Judge.” The proposed changes do not make any changes to the text of this section, but only update the authority and reference citations. This update is necessary to reflect the Leg - islature’s extension of the Board’s responsibilities to include jurisdiction over matters arising under the JCEERA.

Section 32060 provides a definition for the term “headquarters office.” The proposed changes do not make any changes to the text of this section, but only update the authority and reference citations. This up - date is necessary to reflect the Legislature’s extension of the Board’s responsibilities to include jurisdiction over matters arising under the JCEERA.

Section 32075 provides a definition for the term “regional office.” The proposed changes do not make any changes to the text of this section, but only update the authority and reference citations. This update is necessary to reflect the Legislature’s extension of the Board’s responsibilities to include jurisdiction over matters arising under the JCEERA.

Section 32080 provides a definition for the term “day.” The proposed changes do not make any changes to the text of this section, but only update the authority and reference citations. This update is necessary to re- flect the Legislature’s extension of the Board’s respon- sibilities to include jurisdiction over matters arising under the JCEERA.

Section 32090 provides a definition for the term “e–PERB.” The proposed changes do not make any changes to the text of this section, but only update the authority and reference citations. This update is necessary to reflect the Legislature’s extension of the Board’s responsibilities to include jurisdiction over matters arising under the JCEERA.

Section 32091 provides a definition for the term “electronic filing.” The proposed changes do not make any changes to the text of this section, but only update the authority and reference citations. This update is necessary to reflect the Legislature’s extension of the Board’s responsibilities to include jurisdiction over matters arising under the JCEERA.

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 11-Z 286

Section 32092 provides a definition for the term “electronic signatures” and when documents are de - termined to be electronically signed. The proposed changes do not make any changes to the text of this section, but only update the authority and reference citations. This update is necessary to reflect the Leg - islature’s extension of the Board’s responsibilities to include jurisdiction over matters arising under the JCEERA.

Section 32093 provides a definition for the term “electronic service” where authorized or required by statute or within PERB’s regulations. The proposed changes do not make any changes to the text of this section, but only update the authority and reference citations. This update is necessary to reflect the Leg - islature’s extension of the Board’s responsibilities to include jurisdiction over matters arising under the JCEERA.

Section 32094 provides a definition for the term “filed” as the term is used for the formal submission of documents with PERB. The proposed changes do not make any changes to the text of this section, but only update the authority and reference citations. This up - date is necessary to reflect the Legislature’s extension of the Board’s responsibilities to include jurisdiction over matters arising under the JCEERA.

Section 32105 provides for the severability of PERB’s regulations. The proposed changes do not make any changes to the text of this section, but only update the authority and reference citations. This up - date is necessary to reflect the Legislature’s extension of the Board’s responsibilities to include jurisdiction over matters arising under the JCEERA.

Section 32110 sets forth the requirements that gov - ern the way parties electronically file documents with PERB through ePERB, as that term is defined by sec - tion 32090. The proposed changes do not make any changes to the text of this section, but only update the authority and reference citations. This update is necessary to reflect the Legislature’s extension of the Board’s responsibilities to include jurisdiction over matters arising under the JCEERA.

Section 32111 authorizes the Board to direct parties to use electronic means to post and thereby notify re - mote workers that a representation petition has been filed. The proposed changes do not make any changes to the text of this section, but only update the authority and reference citations. This update is necessary to re- flect the Legislature’s extension of the Board’s respon- sibilities to include jurisdiction over matters arising under the JCEERA.

Section 32125 describes the filing requirements for documents with confidential information. The pro - posed changes do not make any changes to the text of this section, but only update the authority and refer - ence citations. This update is necessary to reflect the Legislature’s extension of the Board’s responsibilities to include jurisdiction over matters arising under the JCEERA.

Section 32132 concerns the requirements for an extension of time in which to file documents with the Board. The proposed changes do not make any changes to the text of this section, but only update the authority and reference citations. This update is necessary to reflect the Legislature’s extension of the Board’s responsibilities to include jurisdiction over matters arising under the JCEERA.

Section 32135 concerns filing requirements for non–electronic filings. The proposed changes do not make any changes to the text of this section, but only update the authority and reference citations. This up - date is necessary to reflect the Legislature’s extension of the Board’s responsibilities to include jurisdiction over matters arising under the JCEERA.

Section 32136 concerns late filing requirements. The proposed changes do not make any changes to the text of this section, but only update the authority and reference citations. This update is necessary to reflect the Legislature’s extension of the Board’s responsibil- ities to include jurisdiction over matters arising under the JCEERA.

Section 32140 concerns service requirements. The proposed changes do not make any changes to the text of this section, but only update the authority and refer- ence citations. This update is necessary to reflect the Legislature’s extension of the Board’s responsibilities to include jurisdiction over matters arising under the JCEERA.

Section 32143 concerns the placement of PERB cases in abeyance. The proposed changes do not make any changes to the text of this section, but only update the authority and reference citations. This update is necessary to reflect the Legislature’s extension of the Board’s responsibilities to include jurisdiction over matters arising under the JCEERA.

Section 32145 c o n c e r n s t h e w a i v e r o f t i m e p e r i- od requirements to expedite a matter. The proposed changes do not make any changes to the text of this section, but only update the authority and reference citations. This update is necessary to reflect the Leg - islature’s extension of the Board’s responsibilities to include jurisdiction over matters arising under the JCEERA.

Section 32149 concerns the issuance of investiga - tive subpoenas. The proposed changes do not make any changes to the text of this section, but only update the authority and reference citations. This update is necessary to reflect the Legislature’s extension of the Board’s responsibilities to include jurisdiction over matters arising under the JCEERA.

Section 32150 concerns the issuance of subpoenas. The proposed changes do not make any changes to the

CALIFORNIA REGULATORY NOTICE REGISTER 2022, VOLUME NUMBER 11-Z 287 text of this section, but only update the authority and reference citations. This update is necessary to reflect the Legislature’s extension of the Board’s responsibil- ities to include jurisdiction over matters arising under the JCEERA.

Section 32162 concerns the confidentiality of Board investigations. The proposed changes do not make any changes to the text of this section, but only update the authority and reference citations. This update is necessary to reflect the Legislature’s extension of the Board’s responsibilities to include jurisdiction over matters arising under the JCEERA.

Section 32164 concerns an application for joinder of parties. The proposed changes do not make any changes to the text of this section, but only update the authority and reference citations. This update is necessary to reflect the Legislature’s extension of the Board’s responsibilities to include jurisdiction over matters arising under the JCEERA.

Section 32165 concerns an application to join a rep- resentation hearing as a limited party. The proposed changes do not make any changes to the text of this section, but only update the authority and reference citations. This update is necessary to reflect the Leg - islature’s extension of the Board’s responsibilities to include jurisdiction over matters arising under the JCEERA.

Section 32166 concerns an application to join a representation hearing as a full party. The proposed changes do not make any changes to the text of this section, but only update the authority and reference citations. This update is necessary to reflect the Leg - islature’s extension of the Board’s responsibilities to include jurisdiction over matters arising under the JCEERA.

Section 32168 concerns the conduct of hearings. The proposed changes do not make any changes to the text of this section, but only update the authority and reference citations. This update is necessary to reflect the Legislature’s extension of the Board’s responsibil- ities to include jurisdiction over matters arising under the JCEERA.

Section 32169 concerns the taking of depositions. The proposed changes do not make any changes to the text of this section, but only update the authority and reference citations. This update is necessary to reflect the Legislature’s extension of the Board’s responsibil- ities to include jurisdiction over matters arising under the JCEERA.

Section 32170 concerns the authority of a Board agent conducting a hearing. The proposed changes do not make any changes to the text of this section, but only update the authority and reference citations. This update is necessary to reflect the Legislature’s exten - sion of the Board’s responsibilities to include jurisdic- tion over matters arising under the JCEERA.

Section 32175 concerns the rules of evidence in rep- resentation cases. The proposed changes do not make any changes to the text of this section, but only update the authority and reference citations. This update is necessary to reflect the Legislature’s extension of the Board’s responsibilities to include jurisdiction over matters arising under the JCEERA.

Section 32176 concerns the rules of evidence in un- fair practice cases. The proposed changes do not make any changes to the text of this section, but only update the authority and reference citations. This update is necessary to reflect the Legislature’s extension of the Board’s responsibilities to include jurisdiction over matters arising under the JCEERA.

Section 32178 concerns the burden of proof in un - fair practice cases. The proposed changes do not make any changes to the text of this section, but only update the authority and reference citations. This update is necessary to reflect the Legislature’s extension of the Board’s responsibilities to include jurisdiction over matters arising under the JCEERA.

Section 32180 concerns the rights of parties in PERB hearings. The proposed changes do not make any changes to the text of this section, but only update the authority and reference citations. This update is necessary to reflect the Legislature’s extension of the Board’s responsibilities to include jurisdiction over matters arising under the JCEERA.

Section 32185 concerns ex parte communications with Board agents. The proposed changes do not make any changes to the text of this section, but only update the authority and reference citations. This update is necessary to reflect the Legislature’s extension of the Board’s responsibilities to include jurisdiction over matters arising under the JCEERA.

Section 32190 concerns filing and rulings on mo - tions. The proposed changes do not make any changes to the text of this section, but only update the authority and reference citations. This update is necessary to re- flect the Legislature’s extension of the Board’s respon- sibilities to include jurisdiction over matters arising under the JCEERA.

Section 32200 concerns the appeal of rulings on motions and other interlocutory matters. The pro - posed changes do not make any changes to the text of this section, but only update the authority and refer - ence citations. This update is necessary to reflect the Legislature’s extension of the Board’s responsibilities to include jurisdiction over matters arising under the JCEERA.

Section 32205 concerns requests for continuances. The p