Decision A297S – State of California (State Teachers Retirement System) (Ramirez)

SA-CE-1022-S

Decision Date: July 22, 1999

Decision Type: Administrative Appeal

Description: The Board denied the charging party’s request that the Board accepted her late-filed exceptions, because good cause had not been shown.

Disposition: Denied. Good cause had not been shown.

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Decision Headnotes

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

PERB Regulation 32136 provides that a late filing may be excused in the discretion of the Board for good cause only. A late filing which has been excused becomes timely filing under these regulations. Where appeals assistant denied charging party's third request for extension of time and informed charging party's attorney that the final due date, seven days later, would not be changed, good cause was not found to excuse exceptions filed three days late. The excuses offered were that (1) the attorney was ill and unable to come to the office several days prior to the deadline; and (2) the attorney's office had unspecified computer problems.

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.03000 – Regulations Considered (By Number) (Continued)

PERB Regulation 32136 provides that a late filing may be excused in the discretion of the Board for good cause only. A late filing which has been excused becomes timely filing under these regulations. Where appeals assistant denied charging party's third request for extension of time and informed charging party's attorney that the final due date, seven days later, would not be changed, good cause was not found to excuse exceptions filed three days late. The excuses offered were that (1) the attorney was ill and unable to come to the office several days prior to the deadline; and (2) the attorney's office had unspecified computer problems.