MISCELLANEOUS ISSUES; REGULATIONS – Regulations Considered (By Number)
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1503.02000 – Regulations Considered (By Number)
A finding of good cause to excuse a late filing pursuant to PERB Regulation 32136 does not depend on whether the responsible person was an attorney but whether the late filing was occasioned by circumstances that were either unanticipated or beyond the person’s control, whether the responsible person provided a reasonable and credible explanation for their failure to comply, or made a conscientious effort to comply with the filing deadline. (p. 11.) Even where no prejudice to the other party is apparent, PERB must determine whether good cause exists. Respondent counsel’s busy caseload and PERB’s simultaneous issuance of three complaints and eight dismissals in related cases did not establish good cause to excuse a four month delay in filing an answer. (p. 10.)