Decision A446E – Lake Elsinore Unified School District

LA-CE-6082-E

Decision Date: June 28, 2017

Decision Type: PERB Decision

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Perc Vol: 42
Perc Index: 18

Decision Headnotes

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

The Board denied a school district’s appeal from an administrative determination which rejected the district’s filing as untimely where the untimeliness was due to attorney error, including failure to carefully review PERB Regulations or other materials regarding the filing deadlines, counsel’s failure to seek clarification or an extension of time when confronted with conflicting information as to the filing deadline. (pp. 10-11.) Although an untimely filing may be excused at the discretion of the Board for “good cause” (PERB Reg. 32136), generally, “the Board has not found good cause [to excuse a late filing] in situations where the party’s attorney was directly responsible for the late filing.” (Ibid.)

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.01000 – In General

The Board denied a school district’s appeal from an administrative determination which rejected the district’s filing as untimely where the untimeliness was due to attorney error, including failure to carefully review PERB Regulations or other materials regarding the filing deadlines, counsel’s failure to seek clarification or an extension of time when confronted with conflicting information as to the filing deadline. (pp. 10-11.) Although an untimely filing may be excused at the discretion of the Board for “good cause” (PERB Reg. 32136), generally, “the Board has not found good cause [to excuse a late filing] in situations where the party’s attorney was directly responsible for the late filing.” (Ibid.)

1503.00000 – MISCELLANEOUS ISSUES; REGULATIONS
1503.02000 – Regulations Considered (By Number)

The Board denied a school district’s appeal from an administrative determination which rejected the district’s filing as untimely where the untimeliness was due to attorney error, including failure to carefully review PERB Regulations or other materials regarding the filing deadlines, counsel’s failure to seek clarification or an extension of time when confronted with conflicting information as to the filing deadline. (pp. 10-11.) Although an untimely filing may be excused at the discretion of the Board for “good cause” (PERB Reg. 32136), generally, “the Board has not found good cause [to excuse a late filing] in situations where the party’s attorney was directly responsible for the late filing.” (Ibid.)

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

The Board denied a school district’s appeal from an administrative determination which rejected the district’s filing as untimely where the untimeliness was due to attorney error, including failure to carefully review PERB Regulations or other materials regarding the filing deadlines, counsel’s failure to seek clarification or an extension of time when confronted with conflicting information as to the filing deadline. (pp. 10-11.) Although an untimely filing may be excused at the discretion of the Board for “good cause” (PERB Reg. 32136), generally, “the Board has not found good cause [to excuse a late filing] in situations where the party’s attorney was directly responsible for the late filing.” (Ibid.)