State of California (Franchise Tax Board) (Association of California State Attorneys and Hearing Officers) (PERB A109S)

STATE
	OF
	CALIFORNIA
DECISION
	OF 	THE
PUBLIC
	EMPLOYMENT
	RELATIONS
	BOARD
ASSOCIATION
	OF
	CALIFORNIA STATE
ATTORNEYS
	AND
	HEARING 	OFFICERS,
Charging
	Party,
APPELLANT,
v.
STATE
	OF
	CALIFORNIA, 	FRANCHISE
TAX
	BOARD,
Respondent.
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Case
	No.
	S-CE-22-S
PERB
	Order
	No.
	Ad-109-S
Administrative
	Appeal
May
	13,
	1981
Appearances:	
Edward 	L.
	Faunce,
	Attorney
	(Lemaire, 	Faunce	
&
Katznelson)
	and
	Paul
	J. 	Petrozzi,
	Attorneys
	for
	the 	Associatio~
	of
California 	State
	Attorneys
	and 	Hearing
	Officers.
Before
	Gluck,
	Chairperson; 	Jaeger
	and
	Moore, 	Members.
DECISION
This 	case
	is
	before 	the 	Public
	Employment
	Relations
	Board
(hereafter
	PERB
	or
	Board) 	on 	an
	appeal
	by
	the 	Association
	of
California 	State
	Attorneys
	and 	Hearing
	Officers 	to 	the 	attached
determination
	by
	the 	executive
	assistant
	to 	the
	Board
	that
exceptions 	to 	the
	proposed
	decision 	in
	this
	case
	were
	not 	timely
filed.
	The
	PERB
	rules
	governing 	the
	filing 	of 	exceptions
	to
	a
Board
	agent's
	proposed
	decision 	are 	unequivocal
	and 	unambiguous.
1
1 PERB
	Rules
	are 	codified 	at 	title
	8,
	section
	31000
	et
	seq. 	of
the 	California 	Administrative
	Code.
	Section
	32135
	provides:
All 	documents
	shall
	be 	considered 	"filed"
	by 	a
·party
when
	actually 	received
	by
	the 	proper 	recipientbefore 	the 	close 	of 	business 	on 	the 	last 	date 	setfor 	filing.
Section 	32300(a) 	provides 	in 	pertinent 	part:

Appellant 	has 	not 	demonstrated 	the 	existence 	of 	extraordinary
circumstances 	which 	would 	justify 	the 	late 	filing 	of 	the 	exceptions
as 	required 	by 	PERB 	Rule 	32133. 2
ORDER
The 	Board 	affirms 	the 	determination 	of 	the 	executive 	assistant
to 	the 	Board 	and 	DENIES 	the 	appeal.
PER CURIAM
A party may 	file 	with 	the 	Board 	itself 	an 	original
and 	four 	copies 	of 	a 	statement of 	exceptions 	to 	a
Board 	agent's 	proposed 	decision 	issued 	pursuant 	to
Section 	32215, 	and 	supporting 	brief, 	within 	20 	days
following 	the 	date 	of 	service 	of 	the 	decision. 	The
statement 	of 	exceptions 	and 	briefs 	shall 	be 	filed
with 	the 	Executive 	Assistant 	to 	the 	Board •.•.
2 PERB 	Rule 	32133 	reads:
A late 	filing 	may 	be 	excused 	in 	the 	discretion 	of
the 	Board 	only 	under 	extraordinary 	circumstances.
2

STATE
OF
CALIFORNIA	
EDMUND
G.
BROWN JR.,
Governor
PUBLIC
	EMPLOYMENT RELATIONS BOARD
Headquarters Office
923 12th Street, Suite 201
Sacramento, California 	95814
(916)
322-3088
March
31,
	1981
Paul
J.	
Petrozzi, 	Staff
Counsel
Association of
California State
Attorneys
&
Hearing
Officers
P .o. Box 681
Sacramento,
	CA
	95803
Re:
	Association
of
California State
Attorneys
and
Hearing
Officers vs.
State
of
California
(Franchise
Tax
Board) Case No.
	s-':E-22-S
Dear
Mr.
Petro zzi
:
This
office
is
in receipt
of
documents
	entitled
"Charging
Party's
Appeal from
Proposed Decision
in
Un.fair
Practice
Charge" which
were hand
delivered
to
the
Los .Angeles
Regional
Office of
this
Agency on Tuesday March
'2h,	
1981.
Sections
32300 and 32135
of the California
Administrative
Code
re-
quire
that
	exceptions
to
proposed
decisions
be
filed
with
the
Executive
Assistant
to
the
Board
in the
Headquarters
Office.
Because
the
documents were
not properly
filed
in
this
	office
on
the date they
were due I	
it
is
my
determination
that
the execeptions
are not timely
filed
and
are,
	accordingly, 	dismissed.
Pursuant
to
Section
32360
of
the
Board's
rules,
	you
may
appeal
this
dismissal
to the
Board
itself.
	Should you choose
to
	do
so,
your appeal
must
be
filed in this
office
on
or before Friday April10,
	1981. 	A copy
of your appeal should
also
be served
on
all
parties to this
case.
Si.r;i.c
erely.
JI.,	
Stephl:."1.
Barber
Executive Assistant to the
Board
tn:sb
cc: 	Barbara T.
	Stuart,
	Esq.
Chief Counsel
GORE
1230 J
Street,
	Room 232
Sacram:.:mto,
	CA
	95814