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 5 - Law and Motion
Section 60.1 - Law and Motion; Procedures; Motions

Universal Citation: 2 CA Code of Regs 60.1

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) Unless otherwise ordered by the Chief ALJ, a motion described in this section shall only be scheduled for a law and motion hearing if the motion is filed in an evidentiary hearing matter, or if the motion is a motion to dismiss a Notice of Rejection During Probation.

(b) The following motions shall be filed with the Appeals Division no later than 90 days from the date the appeal or complaint was filed with the SPB:

(1) Failure to State a Cause of Action: Will only be heard where it pertains to Discrimination, Harassment, Retaliation, and Whistleblower Retaliation Cases.

(2) Motion to Dismiss; and

(3) Motion to Strike.

(c) The following motions shall be filed with the Appeals Division within 15 days subsequent to learning of the basis for the motion:

(1) Motions to compel deposition of an unavailable witness pursuant to section 60.3;

(2) Motion for Change of Venue;

(3) Consolidation or severance of matters for hearing pursuant to section 57.2; and

(4) Motion to suppress evidence based upon a party's failure to timely file or fully disclose all required items in the prehearing/settlement conference statement pursuant to section 57.1, subdivision (f)(10).

(d) Other motions shall be filed with the Appeals Division no later than 15 days after learning of the basis for the motion.

(e) The board shall provide a motion form for use by a party who is representing him or herself. A party representing him or herself is not required to use the motion form to file a motion. If such a party does not use the motion form to file a motion, and does not otherwise comply with this section, the Chief ALJ or his or her designee may reject the motion.

(f) Prior to the filing and service of any law and motion matter under subdivision (b), the moving party must secure a date and time for the hearing on the motion from the Appeals Division Calendar Clerk, and this information shall be included on all copies of the motion filed with the SPB and served on all parties. The moving party shall file their motion with the Chief ALJ or his or her designee, and serve all parties no later than 30 days prior to the hearing date scheduled with the Appeals Division Calendar Clerk. No hearing shall be held on any motion filed pursuant to subdivisions (c) and (d), unless determined necessary by the Chief ALJ or his or her designee.

(g) Motions, Oppositions to Motions, and Replies to Oppositions must be filed with the Chief ALJ or his or her designee, and served on all parties pursuant to section 52.10.

(h) Oppositions to Motions must be filed with the Chief ALJ or his or her designee, and served on all parties no later than 15 days after service of the motion.

(i) Replies to Oppositions must be filed with the Chief ALJ or his or her designee, and served on all parties no later than 8 days after service of the Opposition.

(j) If the motion is to be heard via a telephonic conference call, the party requesting the telephonic conference call is responsible for making arrangements with a telephone service provider, such that the assigned ALJ shall be provided the opportunity to call into the conference call at the designated date and time of the hearing. Calling instructions shall be provided to the Appeals Division within 5 days prior to the hearing.

(k) Motions and Oppositions shall be limited to 15 pages. In addition, the motion may be supported by such documentation as affidavits, declarations, depositions, and matters of which official notice shall or may be taken. Replies to Oppositions shall be limited to 5 pages.

(1) Where a motion or opposition is supported by additional documentation, the motion must specifically identify the relevant portions of each piece of documentation. Failure to identify the relevant portions may, at the discretion of the Chief ALJ or his or her designee, result in the supporting documentation not being considered.

(l) Failure to comply with the requirements of subdivisions (b) through (j) may, in the discretion of the assigned ALJ, constitute sufficient ground for denial of the motion.

1. New section filed 4-4-2002; operative 4-4-2002. Submitted to OAL for printing only pursuant to Government Code section 18214 (Register 2002, No. 14). For prior histor, see Register 90, No. 22.
2. New chapter 5 (sections 60.1-60.3), repealer and new section filed 8-18-2010; operative 8-18-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 34).
3. Change without regulatory effect redesignating former chapter 5 as new subarticle 5 filed 9-7-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 37).
4. Amendment of subsections (a)(2)-(3), repealer of subsection (a)(4), amendment of subsections (b) and (b)(2), new subsections (b)(3)-(d), subsection relettering and amendment of newly designated subsections (e) and (k) filed 4-12-2013; operative 4-12-2013 pursuant to Government Code section 11343.4(b)(3) (Register 2013, No. 15).
5. New subsection (a), subsection relettering and amendment of newly designated subsections (f) and (l) filed 11-30-2017; operative 1-1-2018 (Register 2017, No. 48).

Note: Authority cited: Section 18701, Government Code. Reference: Section 18675, Government Code.

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