CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver

Single Topic for Decision A447E

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PERB’s Appeals Assistant correctly determined that Charging Party’s response to the exceptions was untimely, as it was not filed and served until more than 20 days following the date of service of the opposing party’s exceptions. The fact that a document is also filed and served by e-mail does not alter the five-day extension of time under PERB Regulation 32130, subd. (c), if the document is also filed and served by regular mail in accordance with PERB Regulations. However, the same is not true for documents filed and served by facsimile. The Regulation states that, “No extension of time applies in the case of documents served in person, or by facsimile transmission as defined in Section 32090.”