California, United States of America
The following excerpt is from Brooks v. State Personnel Bd., 222 Cal.App.3d 1068, 272 Cal.Rptr. 292 (Cal. App. 1990):
"It might be argued that the appropriate disposition is to remand the case to the board for a reconsideration of the penalty in the light of the remaining finding. That is sometimes appropriate in cases in which there has been a failure to make a finding necessary to support the charge made. [Citations.] However, nothing in these cases authorizes an amendment of the charging document or requires a respondent to defend against a charge not made." (Brown v. State Personnel Bd., supra, 166 Cal.App.3d at pp. 1163-1164, fn. 3, 213 Cal.Rptr. 53.)
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