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§ 1018. Agency Request for Hearing; Required Documents.


Barclays Official California Code of Regulations Currentness
Title 1. General Provisions
Division 2. Office of Administrative Hearings
Chapter 1. General APA Hearing Procedures (Refs & Annos)
1 CCR § 1018
§ 1018. Agency Request for Hearing; Required Documents.
(a) An agency's request to OAH to set a Hearing date shall be in writing and contain the following information:
(1) The title of the Case including the identities of the agency and respondent(s);
(2) The agency case number and, if known, the OAH number assigned to the Case;
(3) The names, addresses and phone numbers of all parties who must receive notice of the hearing and their representatives, if any;
(4) The time estimate for Hearing, taking into account the time for respondent's presentation of evidence;
(5) The dates the agency and its counsel are unavailable for Hearing over the next six months; and the unavailable dates of all other parties for Hearing, if known;
(6) Preferred Hearing dates, but only if the agency includes at least three alternative preferred Hearing dates and the agency confirms in the request either that all parties have agreed to the specific dates or that it has made reasonable efforts to confer with all other parties for mutually acceptable Hearing dates, and includes the reasonable efforts the agency has made;
(7) A reference to any statute or regulation (if other than section 11517(c)) which specifies the time within which the Hearing shall be held or the proposed decision issued; and
(8) The city or county in which the Hearing will be held, pursuant to section 11508.
(b) OAH may defer setting a matter for Hearing until the agency supplies all of the information set forth in subparagraph (a).
(c) The document used by the agency to request the Hearing date shall contain a space for OAH to insert the OAH number assigned to the Case, and the date(s), time and location set for the Hearing. OAH shall transmit this information simultaneously to the agency, respondent(s), and each respondent's representative as identified in the written request to set. The transmission of this information by OAH does not replace the notice of Hearing required by section 11509.
(d) The agency shall file the following documents with OAH at the time it files the written request to set a Hearing date or as soon thereafter as the documents become available:
(1) accusation, statement of issues, statement of charges, suspension order, or other initial pleading, with proof of Service on all parties;
(2) notice of defense executed by respondent(s);
(3) notice of Hearing, with proof of Service on all parties.
Note: Authority cited: Section 11370.5(b), Government Code. Reference: Sections 11508 and 11509, Government Code.
1. New section filed 6-30-97 as an interim regulation pursuant to Government Code section 11400.20; operative 7-1-97 (Register 97, No. 27). Interim regulations expire on 12-31-98 unless earlier repealed or amended.
2. Interim regulation, including amendment of section heading and subsections (a)(2), (a)(6), (a)(7) and (b), filed 5-19-98 as a permanent regulation pursuant to Government Code section 11400.20; operative 5-30-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 21).
3. Amendment of section heading and section filed 10-13-2004; operative 12-1-2004 (Register 2004, No. 42).
This database is current through 5/13/22 Register 2022, No. 19
1 CCR § 1018, 1 CA ADC § 1018
End of Document