MISCELLANEOUS ISSUES; REGULATIONS – Regulations Considered (By Number) (Continued)

Single Topic for Decision A326S

View all topics for Decision A326S

Full Decision Text (click on the link to view): Full Text

1503.03000 – Regulations Considered (By Number) (Continued)

Under PERB Regulation 32136, a late filing can only be excused if there is good cause. Good cause is shown by a justification of the late filing that is both reasonable and credible. Good cause is not demonstrated where her filing was over a year late, new evidence is irrelevant and there is no appropriate justification. Since PERB Regulation 32030 defines “Board itself” as the five-member Public Employment Relations Board or members of it authorized by law to act on its behalf exclusively, a request for reconsideration can only be made in response to a final decision issued by the five members of the Board only. Under PERB Regulation 32410(a), the presentation of new evidence as a basis for exceptions to an ALJ’s final decision cannot be considered a request for reconsideration because a request for reconsideration can only be made based on a final decision of the Board itself.