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

Single Topic for Decision A451E

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(The Board may excuse late filings for good cause only, which requires an affirmative showing of good cause for the late filing and the absence of prejudice to the opposing party. The Board may excuse defective service, on the other hand, if the opposing parties have received actual notice of the filing and there is no showing of prejudice.) (Where an appeal was timely filed, but service was not perfected until after the deadline to appeal had expired, the Board applied the test for excusing defective service.) (When an appeal is rejected by the Board’s Appeals Office, the opposing party is not required to file a response.)