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

Single Topic for Decision A453H

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Because reply briefs are neither expressly permitted nor prohibited by PERB Regulations, the has discretion to consider a reply where it raises new issues, discusses new case law or formulates new defenses to allegations. (p. 17.) Consideration of a reply may also be appropriate when it clarifies or narrows the issues or the scope of relief requested. In this case, however, because the point being asserted in the reply had already been fully argued in the appeal, there was no reason for the Board to consider the reply’s “clarification” of the same point. (p. 19)