California Code of Regulations
Title 2 - Administration
Division 1 - Administrative Personnel
Chapter 1 - State Personnel Board
Subchapter 1.2 - Hearings and Appeals
Article 6 - Evidentiary Hearing Process
Subarticle 1 - Administrative Law Judges
Section 56.1 - Authority of ALJ
When an ALJ has been assigned to evidentiary or investigatory hearing matters, an ALJ is fully authorized and empowered to control the litigation before them and may grant or refuse extensions of time, receive evidence, hold appropriate conferences before or during hearings, rule upon all objections or motions, hear argument, and fix the time for the filing of briefs. An ALJ is fully authorized and empowered to perform any and all other acts in connection with such proceedings that may be authorized by law or these regulations, including those acts necessary to ensure due process for all parties, and has wide latitude as to all phases of the conduct of the hearing, including the manner in which the hearing will proceed.
1. New
section filed 8-14-2002; operative 8-14-2002 pursuant to Government Code
section
18214
(Register 2002, No. 33).
2. Amendment of section heading, section
and NOTE filed 3-8-2006; operative 3-8-2006. Exempt from the Administrative
Procedure Act pursuant to section
18211 of
the Government Code and submitted to the Office of Administrative Law for
filing with the Secretary of State and publication in the California Code of
Regulations pursuant to section
18214 of
the Government Code (Register 2006, No. 10).
3. New subarticle 6
(chapters 1-5, sections 56.1-60.3) and chapter 1 (sections 56.1-56.4),
renumbering of former section 56.1 to new section
67.2 and new section 56.1 filed
8-18-2010; operative 8-18-2010 pursuant to Government Code section
11343.4
(Register 2010, No. 34).
4. Change without regulatory effect
redesignating former subarticle 6 as new article 6 and redesignating former
chapter 1 as new subarticle 1 filed 9-7-2010 pursuant to section 100, title 1,
California Code of Regulations (Register 2010, No.
37).
Note: Authority cited: Section 18701, Government Code. Reference: Section 18675, Government Code; Mileikowsky v Tenent Healthsystem (2005) 128 Cal.App.4th 531, 560.
