§ 1187.9. Extensions of Time to File Comments or Rebuttals and Postponements and Continuances o...
2 CA ADC § 1187.9Barclays Official California Code of Regulations
2 CCR § 1187.9
§ 1187.9. Extensions of Time to File Comments or Rebuttals and Postponements and Continuances of Hearings.
Any party or interested party to a matter may request an extension of time by filing a request with the executive director before the date set for filing of comments or rebuttals with Commission staff on that matter. The request shall fully explain the reasons for the extension, propose a new date for filing, and be certified, filed, and served in accordance with section 1181.3 of these regulations. So long as a postponement of a hearing would not be required, there is no prejudice to any party or interested party, and there is no other good reason for denial, the request shall be approved. A party to a matter may request an extension of time that would necessitate rescheduling a hearing, but shall also include a request for postponement of the hearing, pursuant to subdivision (b) of this section. Within two business days of receipt of the request, the executive director shall determine whether the extension will be granted and notify all persons on the mailing list prepared pursuant to section 1181.4 of these regulations.
A party to an article 7 matter may request a postponement of a hearing on that matter, until the next regularly scheduled hearing. Although postponements of hearings are disfavored, each request for a postponement must be considered on its own merits. The request shall fully explain the reasons for the postponement, and be certified, filed, and served in accordance with section 1181.3 of these regulations. Within two business days of receipt of the request, the executive director shall determine whether the postponement will be granted and notify all persons on the mailing list prepared pursuant to section 1181.4 of these regulations. The executive director may postpone the matter only on an affirmative showing of good cause.
(1) Prior to the adoption of its written decision on the matter being heard, the Commission on its own motion, or upon a clear showing of good cause at the request of a party, may continue a hearing to another time or place. Written notice of the time and place of the continued hearing, except as provided herein, shall be in accordance with section 1187.1 of these regulations. When a continuance is ordered during a hearing, oral notice of the time and place of the continued hearing may also be given to each party present at the hearing.
(2) Continuances will be granted only upon a clear showing of good cause as described in subdivision (b). In determining whether there is good cause for a continuance the following policy should be taken into consideration: Continuances are not favored by the Commission. The parties are expected to submit for decision all matters in controversy at a single hearing and to produce at the hearing all necessary evidence, including witnesses, documents and anything considered essential in the proof of a party's allegations.
Credits
Note: Authority cited: Sections 17527(g) and 17553(a), Government Code. Reference: Sections 17527, 17551 and 17553(a), Government Code; and California Rules of Court, Rule 3.1332.
History
1. Repealer and new Note filed 10-27-2010; operative 1-1-2011. Submitted to OAL for filing and printing only pursuant to Government Code section 11343.8 (Register 2010, No. 44).
2. Repealer and new section filed 5-19-2014; operative 7-1-2014 pursuant to Government Code section 11343.4(a)(3). Exempt from OAL review and submitted to OAL for printing only pursuant to Government Code section 17527 (Register 2014, No. 21).
3. Amendment subsection (b)(1)(F) and amendment of Note filed 9-24-2015; operative 10-1-2015 pursuant to Government Code section 11343.4(b)(3). Exempt from OAL review and submitted to OAL for filing and printing only pursuant to Government Code section 17527(g) (Register 2015, No. 39).
4. Amendment of subsections (a) and (b) filed 2-27-2018; operative 4-1-2018 pursuant to Government Code section 11343.4(a). Exempt from OAL review and submitted to OAL for filing and printing only pursuant to Government Code section 17527(g) (Register 2018, No. 9).
5. Editorial correction of History 4 (Register 2018, No. 18).
6. Amendment of subsections (a), (b) and (c)(2) filed 1-23-2020; operative 4-1-2020 (Register 2020, No. 4).
7. Amendment of subsections (a)-(b) and (c)(2) filed 8-16-2021; operative 10-1-2021 pursuant to Government Code section 11343.4(a). Exempt from OAL review and submitted to OAL for filing and printing only pursuant to Government Code section 17527 (Register 2021, No. 34).
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 2, § 1187.9, 2 CA ADC § 1187.9
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