Decision A287S – State of California (Department of Corrections) (Horspool)

LA-CE-403-S

Decision Date: January 29, 1998

Decision Type: Administrative Appeal

Description: Employee appealed rejection of his untimely filed appeal of determination that he is not a party in a certain case.

Disposition: Denied. No good cause shown to excuse late filing.

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Perc Vol: 22
Perc Index: 29051

Decision Headnotes

1107.00000 – CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver

Where R. Horspool's assertion that he filed his appeal by priority mail on November 18, 1997, and the appeal was filed at PERB headquarters on November 25, 1997, and postmarked November 21, 1997, good cause does not exist to excuse his late filing. Similarly, good cause does not exist to excuse the late filing when R. Horspool claims he did not understand the deadlines, when the Board Agent's dismissal letter clearly outlines the appeal-filing procedures. (Los Angeles Unified School District (1993) PERB Order No. Ad-247.)