CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Single Topic for Decision A325E
Full Decision Text (click on the link to view): Full Text
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Under PERB Reg. 32136, Board will excuse a late filing where there is a non-prejudicial delay of short duration that resulted from circumstances beyond the control of the filing party or from excusable misinformation and where the filing party’s explanation was either credible on its face or was corroborated by other facts or testimony. Here, the requesting party provided only an unsworn, uncorroborated and unexplained statement that the dismissal was lost in the mail. This does not support good cause in face of a sworn proof of service.