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Any brief, whether filed by a party or by an amicus, which requests that the Appeals Board take judicial notice of legislative history shall comply with all of the following requirements: (1) the brief shall append a copy of the matter to be judicially noticed or explain why it is not practicable to do so; (2) the body of the brief shall quote the specific language of legislative history that the party or amicus seeks to be judicially noticed and it shall specifically identify where in the document the quoted language appears (e.g., “Sen. Com. on Labor and Industrial Relations, Analysis of Sen. Bill No. 714 (2003-2004 Reg. Sess.) as amended Apr. 21, 2003, pp. 1- 2”) (cf. Cal. Code Regs., tit. 8, § 10842(b)); and (3) the body of the brief shall explain why the matter to be judicially noticed is relevant. The appended legislative history documents shall not count toward the page limitations set out above, however, the requisite quoted language and explanation of its relevance shall count toward the page limitations. We shall consider only those requests for judicial notice of legislative history that strictly adhere to all of these requirements. We impose these requirements so that: (1) the parties and amici focus only on the most important elements of legislative history; (2) we are not deluged with a tsunami of requests for judicial notice of legislative history documents that have only minimal relevance to our deliberations; and (3) we and the parties are assured of having ready access to the legislative history documents. A failure to comply with any one these requirements may result in the denial of the request for judicial notice.

For the foregoing reasons, IT IS ORDERED that defendant’s petition for reconsideration in Almaraz v. Environmental Recovery Services, Case No. ADJ1078163 (BAK 0145426), filed on February 27, 2009, is GRANTED.

IT IS FURTHER ORDERED that reconsideration in Guzman v. Milpitas Unified School District, Case No. ADJ3341185 (SJO 0254688), is GRANTED on the Appeals Board’s own motion.

IT IS FURTHER ORDERED that the parties in Guzman shall have until 5pm on Friday, May 1, 2009 to file and serve briefs on the merits, in accordance with the requirements set out

ALMARAZ, Mario & GUZMAN, Joyce


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