Cal. Code Regs. tit. 8 § 32110

Current through Register 2024 Notice Reg. No. 50, December 13, 2024

Section 32110 - Electronic Filing Requirements

(a) Except as otherwise provided by this Chapter, electronic filing is mandatory when filing documents with PERB. For the initial filing of a case, the filing party shall serve all parties pursuant to Section 32140, subsection (a), and electronically file with PERB the initial filing and a proof of service. After the initial filing of a case, service of documents shall occur automatically through e-PERB, except for unrepresented individuals not utilizing e-PERB, in which case the filing party must serve the documents by personal delivery, mail, or with another delivery service properly addressed. Electronic filing is not required when submitting documents at formal hearing.

(b) Electronic filing is available but not mandatory for an unrepresented individual. For purposes of this subsection, the term "unrepresented individual" shall mean an individual natural person not represented by an attorney or a union representative. However, an unrepresented individual that files electronically shall be required to electronically file all subsequent documents, and to accept electronic service, unless they provide written notice to all parties that future filings shall occur through a different authorized means.

(c) A party filing a document through e-PERB may use an electronic signature as defined in section 32092. However, a party submitting proof of support under section 32700 of these regulations, either through e-PERB or otherwise, may rely on electronic signatures only to the extent permitted under section 32700.

(d) Documents electronically filed shall be in PDF format and text searchable. However, a party lacking the capacity to make a PDF file text searchable shall file the document in a non-text searchable PDF format, and shall telephonically notify the Board that it has done so. Unless documents are compressed (in a zip file format), the maximum size of any single document that can be electronically filed is 25 MB. For documents larger than 25 MB, the filer shall separate them into multiple parts so that each part is no larger than 25 MB.

(e) Each document shall be filed individually. Attachments and exhibits are part of the document to which they are associated. Where a document exceeds the size limit specified under subsection (d), the document must be split into parts and each filed individually. When a document is filed in multiple parts, each part must be identified as part of the document, e.g., unfair practice charge part 1, unfair practice charge part 2, etc.

(f) Filers may electronically file a document through e-PERB at any time. However, all documents electronically filed after 11:59 p.m. on a business day, or at any time on a non-business day, will be deemed filed the next regular PERB business day. This section shall not apply to requests for injunctive relief whose filing requirements are governed by sections 32450 and 32455.

Cal. Code Regs. Tit. 8, § 32110

Note: Authority cited: Sections 3509(a), 3513(h), 3524.52(a), 3541.3, 3551(a), 3555.5(c), 3563, 3603, 71639.1(b) and 71825(b), Government Code; and Sections 28849(b), 30751, 40122, 40122.1(a), 70122, 90300, 98162.5, 99561(f), 100301, 101344, 102399(b), 102403, 103401, 120505, 125521, Appendix 1, Section 4.4 and Appendix 2, Section 13.91, Public Utilities Code. Reference: Sections 3509, 3513, 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 25052, 28849(b), 28851, 28860(b), 30751, 40122, 40122.1(a), 50121, 70122, 90300, 95651, 98162.5, 99561, 99561.2, 100301, 101344, 102399(b), 102403, 103401, 120505, 125521, Appendix 1, Section 4.4 and Appendix 2, Section 13.91, Public Utilities Code.

Note: Authority cited: Sections 3509(a), 3513(h), 3524.52(a), 3541.3, 3551(a), 3555.5(c), 3563, 71639.1(b) and 71825(b), Government Code; and Section 99561(f), Public Utilities Code. Reference: 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.

1. New section filed 1-14-2021; operative 2/15/2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 3). For prior history, see Register 82, No. 39.
2. Amendment of subsection (a) filed 10-20-2021; operative 1/1/2022 (Register 2021, No. 43). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20.
3. Amendment of Note filed 4-18-2023; operative 7/1/2023 (Register 2023, No. 16).
4. Change without regulatory effect amending subsection (b) filed 7-27-2023 pursuant to section 100, title 1, California Code of Regulations (Register 2023, No. 30).
5. Amendment of subsection (a) and NOTE filed 6-5-2024; operative 10/1/2024 (Register 2024, No. 23).