CASE PROCESSING PROCEDURES; CHARGE – Dismissal of Charge; Appeal
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1100.05000 – Dismissal of Charge; Appeal
PERB Regulation 32635(b) did not bar the Board from considering equitable tolling argument raised for the first time on appeal. Charging party presented evidence of timeliness as part of its charge. Equitable tolling was merely a new legal argument based on the same evidence presented to the Board agent. Thus, the equitable tolling argument did not constitute a new allegation or new supporting evidence.