CASE PROCESSING PROCEDURES; ISSUES ON APPEAL – Statute of Limitations

Single Topic for Decision 2359E

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Reversing in part Long Beach Community College District (2009) PERB Decision No. 2002, the Board held that while the charging party has the duty to provide the Office of the General Counsel with sufficient facts upon which to make a determination of timeliness, once a complaint issues, the statute of limitations becomes a true affirmative defense, which the respondent has the burden to plead and prove; if the respondent fails to plead the statute of limitations as a defense by raising it in the answer, the defense is waived; if the statute of limitations defense is properly raised, the respondent has the initial burden of going forward with evidence on the timeliness issue and the burden of proving by a preponderance of evidence that the charge is untimely.