California Code of Regulations
Title 1 - General Provisions
Division 2 - Office of Administrative Hearings
Chapter 1 - General APA Hearing Procedures
Section 1016 - Consolidated Proceedings; Separate Hearings
Current through Register 2024 Notice Reg. No. 12, March 22, 2024
(a) A party who brings a Motion for consolidated proceedings or separate Hearings pursuant to section 11507.3 shall comply with Regulation 1022.
(b) Before an ALJ orders consolidated proceedings or separate Hearings pursuant to section 11507.3, the ALJ shall provide notice to all parties and allow a reasonable time for the parties to file with OAH and Serve on all other parties any written opposition. Failure to file a timely opposition shall constitute a waiver of objection to an order of consolidation or severance.
(c) The parties may stipulate to consolidated proceedings or separate Hearings. In the event a stipulation is reached, the moving party shall file a written stipulation with OAH, signed by all parties, and with a signature line for the ALJ to order the consolidation. The ALJ has sole discretion to decide whether proceedings shall be consolidated or separated.
(d) If OAH consolidates Cases for Hearing, the ALJ shall prepare a separate proposed decision for each agency pleading that was consolidated, unless the agency requests or agrees otherwise.
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unless earlier repealed or amended.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 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 filed 10-13-2004; operative
12-1-2004 (Register 2004, No. 42).
Note: Authority cited: Section 11370.5(b), Government Code. Reference: Section 11507.3, Government Code.