FROM: Barbara Hannah, Chief Counsel
SUBJECT: Disability Retirement Application of Ralph Noriega, Jr.
RECOMMENDATION:
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Dismiss with prejudice the appeal of the Disability Retirement Application of Ralph Noriega, Jr. - San Bernardino County - Sheriff, due to Applicant's noncooperation to complete the Formal Hearing record pursuant to SBCERA Procedures for Disability Retirement Applications and Formal Hearing, Rule 33(c) and (k) - Dismissal for Lack of Prosecution.
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BACKGROUND:
On February 6, 2024, Applicant, Ralph Noriega, Jr., applied for a service-connected disability retirement. On May 10, 2024, Mr. Noriega's Disability Retirement Application was rejected on the grounds that he had voluntarily resigned in lieu of termination, effective February 7, 2022, and therefore is ineligible to apply for a disability retirement.
Pursuant to Rule 6 of SBCERA's Procedures for Disability Retirement Applications and Formal Hearings, when an applicant resigns in lieu of termination, the applicant is not eligible to apply for a disability retirement. Therefore, on May 10, 2024, the matter was referred to an Administrative Review to determine if there is substantial evidence of a mature claim for disability prior to the termination for cause or resignation in lieu of termination; and, if there is substantial evidence that the termination for cause or resignation in lieu of termination was related to any mature claim for disability.
On August 28, 2025, Charles Scolastico was assigned as the hearing officer in the Formal Hearing proceeding. On October 9, 2025, the Prehearing Conference was held, and all parties appeared. At the Prehearing Conference the Hearing Officer reviewed SBCERA's Procedures, discussed the requirements for submitting evidence, and established the deadlines for all documents to be submitted prior to the Formal Hear...
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