MISCELLANEOUS ISSUES; REGULATIONS – Regulations Considered (By Number)

Single Topic for Decision 1743E

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The charge did not provide a clear and concise statement of the facts as required by PERB Regulation 32615(a)(5) that would state a prima facie case of discrimination. The Board agent advised Cummings of this in the warning letter but Cummings did not file an amended charge. The Board found Cummings’ appeal to be timely under PERB Regulation 32130(c), the Board’s version of the “mailbox rule.” Under PERB Regulation 32635(b), Cummings did not show good cause to present new evidence on appeal. The evidence predated the warning letter and so was known to Cummings before filing the appeal. In addition, Cummings was advised of the deficiencies in his charge but did not file an amended charge.