Decision 1806S – State of California (Department of Corrections)
LA-CE-570-S
Decision Date: January 5, 2006
Decision Type: PERB Decision
Description: An administrative law judge sua sponte dismissed charging party’s complaint for failure to prosecute.
Disposition: The Board affirmed the ALJ’s dismissal. The Board held that an ALJ can dismiss a complaint sua sponte for lack of prosecution. The Board found that charging party failed to demonstrate good cause as to why his complaint should not be dismissed.
Perc Vol: 30
Perc Index: 46
Decision Headnotes
1100.01000 – In General/Prima Facie Case
A letter correctly addressed and properly mailed is presumed to have been received in the ordinary course of mail. This presumption can be rebutted by evidence that the letter was not received.
1100.05000 – Dismissal of Charge; Appeal
ALJ’s sua sponte dismissal of charging party’s complaint appropriate where charging party failed to exercise due diligence (no action for 18 months) in pursuing his claim and failed to demonstrate good cause as to why the matter should not be dismissed.
1101.05000 – Parties; Service
A letter correctly addressed and properly mailed is presumed to have been received in the ordinary course of mail. This presumption can be rebutted by evidence that the letter was not received.
1103.06000 – Service
A letter correctly addressed and properly mailed is presumed to have been received in the ordinary course of mail. This presumption can be rebutted by evidence that the letter was not received.
1103.10000 – Default or Failure to Appear/Failure to Prosecute
ALJ’s sua sponte dismissal of charging party’s complaint appropriate where charging party failed to exercise due diligence (no action for 18 months) in pursuing his claim and failed to demonstrate good cause as to why the matter should not be dismissed.
1104.06000 – Authority of ALJ to Dismiss Complaint on Own Motion
ALJ’s sua sponte dismissal of charging party’s complaint appropriate where charging party failed to exercise due diligence (no action for 18 months) in pursuing his claim and failed to demonstrate good cause as to why the matter should not be dismissed.