Decision A328S – State of California (Department of Corrections)


Decision Date: October 1, 2003

Decision Type: Administrative Appeal

Description: The State sought acceptance of a late-filed response to Vickers’ appeal of a Board agent’s dismissal.

Disposition: The Board did not find good cause to excuse the State’s late filing.  The response was not properly mailed and the State’s attorney had received the appeal in enough time to request an extension but did not take steps to ensure a timely filing.

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Perc Vol: 27
Perc Index: 135

Decision Headnotes

1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver

The Board did not find good cause to excuse the State’s late-filed response to Vickers’ appeal. The State’s legal counsel, in the State’s unverified appeal of the administrative determination, did not provide sufficient justification for its late filing. She claims that she received the appeal five days after it was served by mail; however, under the circumstances, that is not an unreasonable time within which to receive documents sent by first class mail. The State’s response was due three weeks later. If the State’s counsel felt she needed more time to respond, she could have requested an extension under PERB Regulation 32132(a). The State’s response was also served by first class mail, further delaying its filing as defined by PERB Regulation 32135(a).