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<section article="gsg" article_name="State Government" number="22-307" title_number="22" title_name="Public Employee Relations" subtitle_number="3" subtitle_name="Public Employee Relations Board">
  <level label="a">
    <level label="1">
      <text>If a party has been charged with engaging in an unfair labor practice, a deputy director shall investigate the charge.</text>
    </level>
    <level label="2">
      <text>If the Board, through the deputy director’s investigation, finds that probable cause exists to support the charge of an unfair labor practice, the Board shall:</text>
      <level label="i">
        <text>issue a complaint against the party stated in the charge; and</text>
      </level>
      <level label="ii">
        <text>not less than 15 days after issuing the complaint, issue a notice of a hearing before the Board or the Office of Administrative Hearings.</text>
      </level>
    </level>
  </level>
  <level label="b">
    <text>The Board may not issue a complaint under subsection (a)(2)(i) of this section if the unfair labor practice occurred more than 6 months before the filing of the charge.</text>
  </level>
  <level label="c">
    <level label="1">
      <text>The deputy directors shall endeavor at all times to seek informal resolution of charges or complaints.</text>
    </level>
    <level label="2">
      <text>The Board and the deputy directors shall make all practical and reasonable efforts to resolve charges and complaints of unfair labor practices in a swift manner.</text>
    </level>
  </level>
  <level label="d">
    <text>For the purposes of examination and the right to copy, the Board and the deputy directors shall at all reasonable times have access to evidence of a person being investigated or proceeded against that relates to a matter under investigation or in question under this section.</text>
  </level>
  <level label="e">
    <level label="1">
      <text>If there is a charge of an unfair labor practice resulting from a party’s conduct in collective bargaining and that is alleged to have an effect on the course of collective bargaining:</text>
      <level label="i">
        <text>a deputy director shall determine whether there is probable cause for the Board to issue a complaint;</text>
      </level>
      <level label="ii">
        <text>if the deputy director determines there is probable cause, the Board shall issue a complaint within 30 days after the filing of the charge; and</text>
      </level>
      <level label="iii">
        <text>if a complaint is issued, the Board shall resolve the complaint and issue a final decision within 90 days after the filing of the charge.</text>
      </level>
    </level>
    <level label="2">
      <text>The Board may accelerate the time to resolve charges and complaints in exigent circumstances under regulations adopted by the Board.</text>
    </level>
  </level>
  <level label="f">
    <text>The deputy director shall provide relevant information gathered in the investigation of a charge of unfair labor practices to the Board.</text>
  </level>
  <level label="g">
    <text>The charging party has the right to participate in any hearing before the Board or the Office of Administrative Hearings.</text>
  </level>
  <level label="h">
    <text>The Board shall accept documents filed by e–mail.</text>
  </level>
</section>
