PERB: statement of exceptions to Board agent's proposed decision (20 days after service)
20 days after service of the board agent's (alj's) proposed decision, under 8 CCR 32300(a), 32305(a).
Rule text
A party may file with the Board itself a statement of exceptions to a Board agent's proposed decision issued pursuant to Section 32215, within 20 days following the date of service of the decision or as provided in Section 32310. The statement of exceptions shall be filed with the Board itself in the headquarters office." Period (20 days) unchanged. Update source_url from the 2021 compilation to the current text.
Calculate this deadline
- Trigger (Service of the Board agent's (ALJ's) proposed decision): 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: Monday, November 30, 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)).
8 CCR 32300(a), 32305(a)
A party may file with the Board itself a statement of exceptions to a Board agent's proposed decision issued pursuant to Section 32215, within 20 days following the date of service of the decision or as provided in Section 32310. The statement of exceptions shall be filed with the Board itself in the headquarters office." Period (20 days) unchanged. Update source_url from the 2021 compilation to the current text.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
- Text from PERB's own compilation current as of Feb. 15, 2021; PERB later amended 32300/32310 (14,000-word limit, request to exceed due 5 days before exceptions are due) without changing the 20-day period (perb.ca.gov Exceptions-Regulations.pdf). Not verified against official CCR. PERB 32130(c) mail rule: 'A five day extension of time shall apply to any filing made in response to documents served by mail if the place of address is within the State of California, ten days if the place of address is outside the State of California but within the United States, and twenty days if the place of address is outside the United States.' Extension requests must be filed at least 3 days before the deadline (32132(a)).
- 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 Board agent's (ALJ's) proposed decision on Monday, March 15, 2027, personal service: due Monday, April 5, 2027.
- Trigger (Service of the Board agent's (ALJ's) proposed decision): 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
Text from PERB's own compilation current as of Feb. 15, 2021; PERB later amended 32300/32310 (14,000-word limit, request to exceed due 5 days before exceptions are due) without changing the 20-day period (perb.ca.gov Exceptions-Regulations.pdf). Not verified against official CCR. PERB 32130(c) mail rule: 'A five day extension of time shall apply to any filing made in response to documents served by mail if the place of address is within the State of California, ten days if the place of address is outside the State of California but within the United States, and twenty days if the place of address is outside the United States.' Extension requests must be filed at least 3 days before the deadline (32132(a)).
Related deadlines
- CUIAB: appeal EDD eligibility determination to ALJ (30 days from service of notice) (30 days after)
- CUIAB: appeal EDD notice of overpayment to ALJ (30 days from mailing or service) (30 days after)
- CUIAB: employer petition for review or reassessment (30 days after service of notice of assessment) (30 days after)
- CUIAB: appeal ALJ decision to the Appeals Board (30 days after mailing of decision) (30 days after)
- SPB: answer/appeal of adverse action (30 calendar days after effective date of the action) (30 days after)
- PERB: response to exceptions (and any cross-exceptions) (20 days after service of exceptions) (20 days after)
- PERB: response to cross-exceptions (20 days) (20 days after)
- PERB: appeal of Board agent's administrative decision (10 days after service) (10 days after)
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.