Decision A309S – State of California
Decision Date: June 19, 2001
Decision Type: Administrative Appeal
Description: The Board denied charging party’s request to file a late appeal.
Disposition: Denied. The party failed to explain how illness prevented him from making a conscientious effort to timely file.
Perc Vol: 25
Perc Index: 32081
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
PERB regulations provide that a late filing may be excused in the discretion of the Board for good cause. The Board has found good cause exists where a party has demonstrated that a conscientious effort to timely file was made. When the late filing is caused by alleged physical illness, the party still must demonstrate a conscientious effort to timely file. Appealing party did not explaint how his illness prevented him from making a conscientious effort to timely file.