(a) A Case filed with OAH is assigned to the Presiding Judge until reassigned to another ALJ.
(b) A Motion to continue a Hearing shall be in writing, directed to the Presiding Judge, and Served on all other parties.
(c) Before filing the Motion, the moving party shall make reasonable efforts to confer with all other parties to determine whether any party opposes the Motion and to obtain future dates when all parties are unavailable for Hearing over the next six months and at least three alternative preferred future Hearing dates.
(d) The Motion shall include all facts which support a showing of good cause to continue the Hearing, as well as:
(1) the Case name, and OAH Case number;
(2) the date, time and place of the Hearing;
(3) the address and daytime telephone number of the moving party;
(4) the name, address and telephone number of all other parties;
(5) a list of all previous Motions to continue the Hearing and the dispositions thereof;
(6) whether or not any party opposes the Motion;
(7) any future dates when the parties are unavailable for Hearing over the next six months and any preferred future Hearing dates obtained pursuant to paragraph (c);
(8) if the moving party has not included all of the information required pursuant to this paragraph (d), the reasons why it is not included;
(9) a reference to any legal or other requirement to set the Hearing within a certain period of time, and whether or not the parties have waived the requirement.
(e) If the Motion is not timely pursuant to section 11524(b) or other applicable law, the Motion shall include all facts justifying the lack of timeliness.
(f) The Motion may include a proposed order granting the continuance.
(g) Any party may request a written order from OAH reflecting the disposition of the Motion.
(h) Any party opposing the Motion shall file with OAH and Serve on all other parties a written opposition.
(i) The Presiding Judge may waive any requirement of this regulation, including but not limited to the requirement for a written Motion, written opposition, written order, and/or any notice to other parties.
(j) Regulation 1022 does not apply to Motions for continuance filed under this regulation.
Credits
Note: Authority cited: Section 11370.5(b), Government Code. Reference: Section 11524, Government Code. Arnett v Office of Administrative Hearings, 49 Cal. App. 4th 332 (1996).
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, section and Note, 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. Repealer and new section filed 10-13-2004; operative 12-1-2004 (Register 2004, No. 42).
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 1, § 1020, 1 CA ADC § 1020
