Decision 1806S – State of California (Department of Corrections)

LA-CE-570-S

Decision Date: January 5, 2006

Decision Type: PERB Decision

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Perc Vol: 30
Perc Index: 46

Decision Headnotes

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
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.

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
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.

1101.00000 – CASE PROCESSING PROCEDURES; LIMITATION PERIOD FOR FILING CHARGE
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.

1103.00000 – CASE PROCESSING PROCEDURES; COMPLAINT
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.

1103.00000 – CASE PROCESSING PROCEDURES; COMPLAINT
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.

1104.00000 – CASE PROCESSING PROCEDURES; PROCEDURE BEFORE ALJ
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.