Decision A235E – Saddleback Community College District (Goffredo)
LA-CE-3055
Decision Date: October 27, 1992
Decision Type: Administrative Appeal
Perc Vol: 16
Perc Index: 23167
Decision Headnotes
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Upon denying motion to reopen record the Board gave party 14 days to file exceptions. The time was based upon party's time remaining to file exceptions at time motion was filed.
1107.10000 – Request for Reconsideration
PERB Regulation 32410 provides that reconsideration may be granted by the Board on the basis of, inter alia, "newly discovered evidence . . . which was not previously available and could not have been discovered with the exercise of reasonable diligence."
1103.06000 – Service
Board found that failure to serve party with papers twice was nonpredjucicial as party was made aware of the filing and in the other instance filed a statement of opposition.
1107.19000 – Motion to Reopen Record
In considering motions to reopen the record, the Board has reviewed such motions in the form of a request for reconsideration. (San Mateo Community College District (1985) PERB Decision No. 543.) On motions to reopen the record the Board will not consider a bare assertion that more documents are available when there is no showing that the evidence was previously unavailable. (Los Angeles Unified School District (1989) PERB Decision No. 705a.)
1107.20000 – Other
Board found that failure to serve party with papers twice was nonprejudicial as party was made aware of the filing and in the other instance filed a statement of opposition.
1503.03000 – Regulations Considered (By Number) (Continued)
PERB Regulation 32410 provides that reconsideration may be granted by the Board on the basis of, inter alia, "newly discovered evidence . . . which was not previously available and could not have been discovered with the exercise of reasonable diligence."