CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Single Topic for Decision A305H
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1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
The Board reversed the rejection by the Appeals Assistant of an untimely filed document. The Board found good cause for the late filing pursuant to PERB Regulation 32136, based on the fact that had the document been mailed by certified or express mail on the same day it was mailed by regular first class mail, it would have been accepted as timely. The explanation for the error, set forth in an unrefuted declaration, was not so unreasonable as to be unbelievable and there was no evidence of prejudice resulting from the deficient filing.