Decision A343S – State of California (State Personnel Board)
SA-CE-1295-S
Decision Date: December 21, 2004
Decision Type: Administrative Appeal
Description: DPA and IUOE filed a motion requesting that the Board reject the SPB’s exceptions to an ALJ’s proposed decision as untimely filed.
Disposition: The Board denied the motion. The Board may grant extensions of time for good cause, which determination was made when the Appeals Office granted SPB an extension of time to file its exceptions. Further, the Board’s practice has been to interpret PERB Regulation 32130(c) to add the five-day extension to deadlines in accord with the mailbox rule, Cal. Code of Civ. Pro. §1013.
Perc Vol: 29
Perc Index: 43
Decision Headnotes
1107.01000 – Exceptions; Responses to Exceptions; Standing; Extensions of Time/Late Filing/Waiver
The Board’s practice has been to interpret PERB Regulation 32130(c) to add the five day extension to deadlines extended pursuant to PERB Regulation 32132. Consequently, the Board finds SPB’s exceptions to be timely filed and DPA’s argument regarding good cause for late filings to be inapplicable. Since PERB Regulation 32132 allows the Board to grant extensions of time for good cause, that determination was made when the Appeals Office granted the extension. The document granting the extension incorporates the provision of section 32132 in providing an additional five-day extension for its service by mail. PERB Regulation 32130 was originally based on the mailbox rule found in Cal. Code of Civil Procedure section 1013. CCP section 1013 has been liberally construed by the courts to grant the additional extension of time to respond to documents served by mail. Cases interpreting that provision in which section 1013 was deemed inapplicable involve situation in which private parties had granted an extension of time. There were no cases in which a court or administrative body had granted an extension of time for response.
1503.02000 – Regulations Considered (By Number)
The Board’s practice has been to interpret PERB Regulation 32130(c) to add the five day extension to deadlines extended pursuant to PERB Regulation 32132. Consequently, the Board finds SPB’s exceptions to be timely filed and DPA’s argument regarding good cause for late filings to be inapplicable. Since PERB Regulation 32132 allows the Board to grant extensions of time for good cause, that determination was made when the Appeals Office granted the extension. The document granting the extension incorporates the provision of section 32132 in providing an additional five-day extension for its service by mail. PERB Regulation 32130 was originally based on the mailbox rule found in Cal. Code of Civil Procedure section 1013. CCP section 1013 has been liberally construed by the courts to grant the additional extension of time to respond to documents served by mail. Cases interpreting that provision in which section 1013 was deemed inapplicable involve situation in which private parties had granted an extension of time. There were no cases in which a court or administrative body had granted an extension of time for response.