MISCELLANEOUS ISSUES; REGULATIONS – Regulations Considered (By Number)

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PERB Regulations provide that a late filing may be excused at the discretion of the Board “for good cause only.” (PERB Reg. 32136.) If excused, a late filing is considered timely. (Ibid.) Consistent with the policy favoring preservation of the right to appeal and hearing appeals on their merits, the Board’s application of the Regulation to a variety of factual scenarios reveals that “good cause” is a flexible standard, defined and constrained by considerations of fairness and reasonableness. (Trustees of the California State University (1989) PERB Order No. Ad-192-H, pp. 4-5.) Whether good cause exists is a separate inquiry from whether accepting a late filing would result in prejudice. (Bellflower Unified School District (2017) PERB Order No. Ad-447, p. 5.)