Decision A217E – Calipatria Unified School District

LA-CE-2792

Decision Date: November 7, 1990

Decision Type: PERB Decision

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Perc Vol: 14
Perc Index: 21212

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 regulations clearly specify the time, place and method for filing appeals, CCP section 1013 does not create an alternate method of filing; pp. 7, 10. A late filing will not be excused where there is no attempt to file in accordance with the regulations - certain clerical error have been excused under the good cause standard; p. 11. Where the problem is not complex or debatable and the law is settled, a mistake of law will not excuse a late filing; p. 13. Lack of prejudice to the opposing party will not, by itself, excuse a late filing. An attorney's desire to avoid unnecessary expenses associated with standard filing requirements does not excuse a late filing; p. 13

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.02000 – Regulations Considered (By Number)

32130; 32135: Where regulations clearly specify the time, place and method for filing appeals, CCP section 1013 does not create an alternate method of filing; pp. 7, 10. A late filing will not be excused where there is no attempt to file in accordance with the regulations - certain clerical error have been excused under the good cause standard; p. 11. Where the problem is not complex or debatable and the law is settled, a mistake of law will not excuse a late filing p. 13. Lack of prejudice to the opposing party will not, by itself, excuse a late filing. An attorney's desire to avoid unnecessary expenses associated with standard filing requirements does not excuse a late filing; p. 13.