Good cause for late filing of an appeal is determined on a case-by case basis after considering all relevant circumstances. In re Cervantes, CSA 45-08 (Order 6/11/08).
Good Cause Not Found
Good cause for a late appeal was not established by allegation that the agency’s mailing of the termination letter extended the deadline, or that equipment problems caused the appeal to be filed six minutes late. In re Cervantes, CSA 45-08 (Order 6/11/08), citing In re Wehmhoefer, CSA 02-08, 5 (2/14/08).
Late filing was not caused by forces beyond appellant’s control where she received the notice of termination the day after it was mailed. In re Cervantes, CSA 45-08 (Order 6/11/08), citing In re Apodaca, CSA 40-06 (Order 7/28/06).
Motion for continuance was not supported by good cause where it was filed on the eve of hearing, appellant failed to hire attorney after two prior continuances were granted to allow her to do so, and the agency was prejudiced by appellant’s delays. In re Long, CSA 78-07, 2 (Order 6/10/08).
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