
Appeals that proceed without settlement advance to a full evidentiary administrative hearing before an Administrative Law Judge (ALJ). These hearings follow the SPB’s procedural rules with more flexible evidence standards, granting the ALJ greater discretion in evidence admissibility. Hearings typically include opening statements, witness examinations, evidence presentation, and closing arguments, with duration varying based on case complexity and the volume of evidence and witnesses.
Appellants must attend the entire trial, and state employees are entitled to release time for participation. Each case is unique; your GRT attorney will guide you through what to expect.
For more information on the evidentiary hearing specifics, please see: spb.ca.gov (Section 1, Article 6, pg 22)
For “lesser” appeals, the procedure for examining witnesses and presenting evidence mirrors that of a full evidentiary appeal, with a key distinction: proceedings must conclude within six hours, allowing three hours per side. To expedite the hearing, witness testimonies can be submitted as written affidavits. Additional constraints, like limited pre-hearing discovery, may also apply.
For more information on the specific parameters of these hearings please see here: spb.ca.gov (Section 55.2, page 21)
Given the constrained time frame of these proceedings, it is essential to use time efficiently and prioritize your defense effectively.