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

Single Topic for Decision 2296M

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When considering a request to reopen the record to admit new evidence, the Board applies the standard set forth in PERB Regulation 32410(a) for a request for reconsideration based on the discovery of new evidence. The same standard applies to a request to reopen the record to consider new legal authority. Where authority was not previously available, nor could it have been discovered prior to submission of the exceptions with the exercise of reasonable diligence, and was submitted within a reasonable time after issuance of decision, Board finds good cause to reopen record to admit new legal authority.