Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Motions for continuance of a hearing
shall be considered only upon the moving papers. No hearing on the motion will
be scheduled.
(b) Grounds for
continuance
(1) Motions for continuances
based upon good cause shall be considered only if filed no later than 10 days
subsequent to learning of the basis for a continuance. Circumstances that may
indicate good cause include:
(A) The
unavailability of an essential lay or expert witness because of death, illness,
or other excusable circumstances;
(B) The unavailability of a party or counsel
because of death, illness, or other excusable circumstances;
(C) The substitution of counsel, but only
where there is an affirmative showing that the substitution is required in the
interests of justice;
(D) A party's
excused inability to obtain essential testimony, documents, or other material
evidence despite diligent efforts.
(2) Motions for continuances by mutual
agreement of the parties shall be considered only if filed no later than 90
days prior to the hearing. The motion must be signed by all parties or their
representatives.
(3) When the acts
or omissions that lead to an adverse action or rejection also lead to criminal
charges being filed against the Appellant, continuances shall be granted when
the parties mutually concur to allow for completion of the criminal
proceedings, subject to the three year limitation in section
58.3.
(c) Requirements for filing a motion for
continuance
(1) The moving party must meet and
confer with all other parties on the motion prior to filing the motion with the
Appeals Division, directed to the Chief ALJ or his or her designee pursuant to
section 52.5.
(2) The motion shall include all facts which
support the request to continue the hearing, as well as the following
information;
(A) The case name and SPB case
number;
(B) The date, time and
place, and type of hearing to be continued;
(C) The address and daytime telephone number
of the moving party and all other parties;
(D) A list of all previous motions to
continue the hearing and the dispositions;
(E) The positions of all nonmoving parties to
the motion;
(F) Any future dates
when the parties are unavailable for hearing over the next three months and any
preferred future hearing dates;
(G)
If Appellant is the moving party, whether Appellant waives the provisions of
section
18671.1 of
the Government Code; and
(H) All
factual assertions must be accompanied by a declaration under penalty of
perjury, that the facts are true and correct.
(d) In ruling on a motion for continuance,
the ALJ shall consider all the facts and circumstances that are relevant to the
determination. These may include:
(1) The
proximity of the hearing date;
(2)
Whether there was any previous continuance, extension of time, or delay of a
hearing due to any party;
(3) The
length of the continuance requested;
(4) The prejudice that parties or witnesses
will suffer as a result of the continuance;
(5) The hearing calendar and the impact of
granting a continuance on other pending cases;
(6) Whether counsel is engaged in another
hearing;
(7) Whether all parties
have stipulated to a continuance;
(8) Whether the interests of justice are best
served by a continuance, by the hearing of the matter, or by imposing
conditions on the continuance; and
(9) Any other fact or circumstance relevant
to the fair determination 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).
2. Repealer of former section 60.2 and
renumbering of former section
52.5 to new section 60.2, including
amendment of section heading, section and NOTE, filed 8-18-2010; operative
8-18-2010 pursuant to Government Code section
11343.4
(Register 2010, No. 34).
Note: Authority cited: Section
18701,
Government Code. Reference: Section
18675,
Government Code.
