Decision A394M – Stanislaus Consolidated Fire Protection District

SA-CE-711-M

Decision Date: May 23, 2012

Decision Type: Administrative Appeal

Description:  The Stanislaus Consolidated Fire Protection District failed to file its request for an extension of time to file a request for reconsideration in a timely fashion.

Disposition:  The Board upheld the administrative determination by the Appeals Assistant that the request for extension was untimely, concluding that there was no good cause to excuse the untimeliness, and even if there were, there was no merit to the request for reconsideration.

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Perc Vol: 36
Perc Index: 186

Decision Headnotes

1100.00000 – CASE PROCESSING PROCEDURES; CHARGE
1100.05000 – Dismissal of Charge; Appeal

Board denied respondent’s request for extension of time to file request for reconsideration where respondent filed the request for extension of time four days after it was due under PERB Regulation 32132, subdivision (a), and one day after the request for reconsideration was due; these circumstances do not demonstrate that the respondent made a conscientious effort to timely file and therefore good cause to excuse the late-filed request for extension of time was not found to exist.

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

Board denied respondent’s request for extension of time to file request for reconsideration where respondent filed the request for extension of time four days after it was due under PERB Regulation 32132, subdivision (a), and one day after the request for reconsideration was due; these circumstances do not demonstrate that the respondent made a conscientious effort to timely file and therefore good cause to excuse the late-filed request for extension of time was not found to exist.

1109.00000 – CASE PROCESSING PROCEDURES; ISSUES ON APPEAL
1109.01000 – In General

Board denied respondent’s request for extension of time to file request for reconsideration where respondent filed the request for extension of time four days after it was due under PERB Regulation 32132, subdivision (a), and one day after the request for reconsideration was due; these circumstances do not demonstrate that the respondent made a conscientious effort to timely file and therefore good cause to excuse the late-filed request for extension of time was not found to exist.