CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver

Single Topic for Decision 2221E

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* * * OVERRULED IN PART by Bellflower Unified School District (2017) PERB Order No. Ad-447, where the Board found no good cause to excuse a late filing as the party’s attorney was directly responsible for the delay. * * *

Under PERB Regulation 32136, the Board has found good cause to excuse a late filing when a party makes a conscientious effort to timely file and the late filing was caused by circumstances beyond the party’s control, such as a mailing or clerical error; if the reason for the untimely filing is “reasonable and credible,” the Board evaluates whether the opposing party would suffer any prejudice as a result of the excused late filing; where attorney was one day off in calculating the last day to file the response by incorrectly applying the 5-day extension for service by mail under PERB Regulation 32130, subdivision (c), and the weekend extension under PERB Regulation 32130, subdivision (b), and there was no prejudice to the opposing party, the attorney was found to have made an honest mistake and therefore the late filing was excused and deemed timely filed.