CASE PROCESSING PROCEDURES; CHARGE – In General/Prima Facie Case

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* * * OVERRULED by Long Beach Community College District (2003) PERB Decision No. 1564 and Los Angeles Unified School District (2014) PERB Decision No. 2359, where the Board held that the statute of limitations is not jurisdictional, but is an affirmative defense. The burden of proof that equitable tolling does not apply is with the respondent. * * *

It is the charging party's burden as part of the prima facie case to prove timeliness.