ALRB: exceptions to ALJ decision in unfair labor practice case (20 days after service)
20 days after service of the alj decision (proposed report and recommended order), under Lab. Code 1160.3; 8 CCR 20282(a), 20170.
Rule text
Lab. Code 1160.3: "... such member, or such administrative law officer, as the case may be, shall issue and cause to be served on the parties to the proceedings a proposed report, together with a recommended order, which shall be filed with the board, and, if no exceptions are filed within 20 days after service thereof upon such parties, or within such further period as the board may authorize, such recommended order shall become the order of the board and become effective as therein prescribed." 8 CCR 20282(a): "Within 20 days after the service of the decision of the administrative law judge, or within such other period as the executive secretary may direct, any party may file with the executive secretary for submission to the Board exceptions to the decision or any other part of the proceedings, with a brief in support of the exceptions, accompanied by proof of service, as provided in sections 20160, 20164, 20166, and 20169."
Calculate this deadline
- Trigger (Service of the ALJ decision (proposed report and recommended order)): Friday, November 6, 2026.
- Exclude the trigger day and count 20 calendar days: Thursday, November 26, 2026.
- That day is a Thanksgiving Day, so the deadline moves to the next court day: Friday, November 27, 2026 (Gov. Code 6800; Gov. Code 6707 (filings with a state agency); CCP 12, 12a, 13; agency rules 8 CCR 10600 (WCAB), 8 CCR 32130 (PERB), 22 CCR 5000 'Holiday' definition (CUIAB)).
Lab. Code 1160.3; 8 CCR 20282(a), 20170
Lab. Code 1160.3: "... such member, or such administrative law officer, as the case may be, shall issue and cause to be served on the parties to the proceedings a proposed report, together with a recommended order, which shall be filed with the board, and, if no exceptions are filed within 20 days after service thereof upon such parties, or within such further period as the board may authorize, such recommended order shall become the order of the board and become effective as therein prescribed." 8 CCR 20282(a): "Within 20 days after the service of the decision of the administrative law judge, or within such other period as the executive secretary may direct, any party may file with the executive secretary for submission to the Board exceptions to the decision or any other part of the proceedings, with a brief in support of the exceptions, accompanied by proof of service, as provided in sections 20160, 20164, 20166, and 20169."Official source
Gov. Code 6800; Gov. Code 6707 (filings with a state agency); CCP 12, 12a, 13; agency rules 8 CCR 10600 (WCAB), 8 CCR 32130 (PERB), 22 CCR 5000 'Holiday' definition (CUIAB)
Gov. Code 6800: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." Gov. Code 6707: "When the last day for filing any instrument or other document with a state agency falls upon a Saturday or holiday, such act may be performed upon the next business day with the same effect as if it had been performed upon the day appointed." 8 CCR 10600: "(a) The time in which any act provided by these rules is to be performed is computed by excluding the first day and including the last. (b) Unless otherwise provided by law, if the last day for exercising or performing any right or duty to act or respond falls on a weekend, or on a holiday for which the offices of the Workers' Compensation Appeals Board are closed, the act or response may be performed or exercised upon the next business day." 8 CCR 32130(a)-(b) (PERB): "(a) In computing any period of time under these regulations, except under Section 32776(c), (d), (e) and (f), the period of time begins to run the day after the act or occurrence referred to. (b) Whenever the last date to file a document falls on Saturday, Sunday, or a holiday, as defined in Government Code Sections 6700 and 6701, or PERB offices are closed, the time period for filing shall be extended to and include the next regular PERB business day. The extension of time provided herein shall be applied subsequent to the application of any other extension of time provided by these regulations or by other applicable law." CCP 12a(a): "If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays."Official source
- No extensions except in extraordinary circumstances (20282(c)). 50-page limit. If no exceptions, the ALJ decision becomes final 20 days after service (8 CCR 20286(a)); note 20286(a) states no mail extension, so a party relying on the 20170(c) 5-day mail add-on is exposed (LAWYER REVIEW; conservative to file within 20 days of service). Filing: documents must be RECEIVED by the Board by 5:00 p.m. on the last day unless sent by registered or certified mail postmarked by that day or deposited with an overnight carrier by that day (8 CCR 20170(d)). Last day on a Saturday, Sunday or Gov. Code 6700 holiday expires the next business day (20170(b)).
- If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.
This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.
Worked example
Service of the ALJ decision (proposed report and recommended order) on Monday, March 15, 2027, personal service: due Monday, April 5, 2027.
- Trigger (Service of the ALJ decision (proposed report and recommended order)): Monday, March 15, 2027.
- Exclude the trigger day and count 20 calendar days: Sunday, April 4, 2027.
- That day is a Sunday, so the deadline moves to the next court day: Monday, April 5, 2027 (Gov. Code 6800; Gov. Code 6707 (filings with a state agency); CCP 12, 12a, 13; agency rules 8 CCR 10600 (WCAB), 8 CCR 32130 (PERB), 22 CCR 5000 'Holiday' definition (CUIAB)).
Notes
No extensions except in extraordinary circumstances (20282(c)). 50-page limit. If no exceptions, the ALJ decision becomes final 20 days after service (8 CCR 20286(a)); note 20286(a) states no mail extension, so a party relying on the 20170(c) 5-day mail add-on is exposed (LAWYER REVIEW; conservative to file within 20 days of service). Filing: documents must be RECEIVED by the Board by 5:00 p.m. on the last day unless sent by registered or certified mail postmarked by that day or deposited with an overnight carrier by that day (8 CCR 20170(d)). Last day on a Saturday, Sunday or Gov. Code 6700 holiday expires the next business day (20170(b)).
Related deadlines
Rules current as of 2026-10-27. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.