CASE PROCESSING PROCEDURES; COMPLAINT – Answer or Other Defense/Waiver
Single Topic for Decision 2601H
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1103.05000 – Answer or Other Defense/Waiver
Where the respondent has failed even to file any answer, it likewise waives not only its affirmative defenses, but also any specific or general denial it might have asserted, unless it is granted leave to file a late answer and have the untimeliness excused for good cause. (PERB Reg. 32136.) Moreover, PERB Regulation 32644 provides that, “[i]f the respondent fails to file an answer as provided in this section, the Board may find such failure constitutes an admission of the truth of the material facts alleged in the charge and a waiver of respondent’s right to a hearing.” (PERB Reg. 32644, subd. (c).) Although the language of the regulation appears to be discretionary, when read together with the language of subdivision (b) of 32644 regarding the contents of the answer, the implication is clear that a respondent’s failure to answer a PERB complaint effectively results in an admission of the matters alleged therein, as well as those alleged in the charge. That is, without an answer, there can be no general or specific denial of the allegations in the complaint, nor any affirmative defenses.