CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
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1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Under PERB Regulation 32136, a late filing may be accepted for good cause. The Board has excused late filings where a short, non-prejudicial delay resulted from circumstances beyond the control of the filing party and the filing party’s explanation was either credible on its face or corroborated by supporting evidence. The Board has found good cause to accept a late filing in the case of honest mistakes and where an untimely filing was a result of honest error resulting from miscommunications by an unrepresented appellant. With respect to a filing in the improper PERB office, the Board has excused a late filing sent to the wrong PERB office, but otherwise filed, served, and received in advance of the filing deadline.