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§ 52.9. Right to Representation; Notice of Representation and Withdrawal of Counsel or Other Re...

2 CA ADC § 52.9Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 2. Administration
Division 1. Administrative Personnel
Chapter 1. State Personnel Board
Subchapter 1.2. Hearings and Appeals
Article 2. Filing with the Board
2 CCR § 52.9
§ 52.9. Right to Representation; Notice of Representation and Withdrawal of Counsel or Other Representative.
(a) Any party may be represented by counsel or any other person or organization of the party's choice in any hearing or investigation conducted pursuant to this article.
(b) Any counsel or other representative who has assumed representation of a party in any case submitted for hearing before the SPB shall give written notice to the Appeals Division if no presiding officer has been assigned, and written notice to all parties of his or her name, address, telephone number and fax number (if any) and the name of the represented party, within a reasonable time after assuming representation.
(c) Any counsel or other representative may withdraw as counsel or representative of record by giving written notice to the Appeals Division if no presiding officer has been assigned, and written notice to all parties of the withdrawal. The written notice shall include the last known address of the formerly represented party.
(d) Upon withdrawal by counsel or other representative:
(1) The SPB retains jurisdiction over the case;
(2) The formerly represented party bears the burden of keeping the SPB and all parties informed of a current address for purposes of service. If written notice of change of address is not given, any party may serve the formerly represented party at the party's last known address; and
(3) The formerly represented party is responsible for preparation and representation throughout the remainder of the case, unless and until such party retains new counsel or other representative.
(e) Withdrawal or change of counsel or other representative does not alone constitute grounds for continuance of any previously scheduled proceeding in the case.

Credits

Note: Authority cited: Section 18701, Government Code. Reference: Section 18675, Government Code.
History
1. Renumbering and amendment of former section 51.5 to new section 52.9 filed 8-18-2010; operative 8-18-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 34).
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 2, § 52.9, 2 CA ADC § 52.9
End of Document