Decision A326S – State of California (Department of Transportation)
SF-CE-193-S
Decision Date: June 20, 2003
Decision Type: Administrative Appeal
Description: Hutchinson filed exceptions to an ALJ’s proposed decision dismissing her charge four months after she was served with the proposed decision. An administrative determination rejected her appeal because of untimeliness. Hutchinson did not appeal the administrative determination. Eight months after the admin. determination was issued, Hutchinson again filed exceptions to the proposed decision, citing new evidence. Again, her exceptions were rejected. She requested that the Board accept her late filing.
Disposition: The Board denied Hutchinson’s request, finding no good cause to accept the late filing. Hutchinson did not provide adequate justification for her request. What was provided lacked any relevance to her case.
Perc Vol: 27
Perc Index: 87
Decision Headnotes
1105.19000 – Newly Discovered Evidence
Under PERB Regulation 32410(a), the presentation of new evidence as a basis for exceptions to an ALJ’s final decision cannot be considered a request for reconsideration because a request for reconsideration can only be made based on a final decision of the Board itself.
1107.10000 – Request for Reconsideration
Under PERB Regulation 32410(a), the presentation of new evidence as a basis for exceptions to an ALJ’s final decision cannot be considered a request for reconsideration because a request for reconsideration can only be made based on a final decision of the Board itself.
1105.18000 – Relevance
Evidence that effective representation in another administrative proceeding might have produced a more successful argument in a PERB hearing is not relevant to a review of a decision pertaining to an unfair practice charge based on a termination of employment.
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
Under PERB Regulation 32136, a late filing can only be excused if there is good cause. Good cause is shown by a justification of the late filing that is both reasonable and credible. Good cause is not demonstrated where her filing was over a year late, new evidence is irrelevant and there is no appropriate justification.
1503.03000 – Regulations Considered (By Number) (Continued)
Under PERB Regulation 32136, a late filing can only be excused if there is good cause. Good cause is shown by a justification of the late filing that is both reasonable and credible. Good cause is not demonstrated where her filing was over a year late, new evidence is irrelevant and there is no appropriate justification. Since PERB Regulation 32030 defines “Board itself” as the five-member Public Employment Relations Board or members of it authorized by law to act on its behalf exclusively, a request for reconsideration can only be made in response to a final decision issued by the five members of the Board only. Under PERB Regulation 32410(a), the presentation of new evidence as a basis for exceptions to an ALJ’s final decision cannot be considered a request for reconsideration because a request for reconsideration can only be made based on a final decision of the Board itself.