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 60.3 - Motion to Compel Discovery

Universal Citation: 2 CA Code of Regs 60.3

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

(a) A petition or motion to compel a request to inspect documents under Government Code section 19574.1 is governed by the procedures provided in Government Code section 19574.2. Motions to compel a request for discovery issued pursuant to section 59.1 are governed by the procedures stated in subdivisions (b) through (e).

(b) Any party seeking further responses to a request for discovery shall meet and confer with the responding party.

(c) After complying with subdivision (b), a party may serve and file with the Appeals Division a motion to compel discovery, naming as responding party any party who has refused or failed to provide discovery as required by section 59.1. A copy of the motion shall be served on the responding party on the same date the motion is filed with the Appeals Division. The motion shall be served upon the responding party and filed with the Appeals Division within 14 days after the responding party first evidenced his or her failure or refusal to comply with section 59.1.

(d) The matter will be decided upon the moving papers, as well as any responses and replies unless ordered otherwise.

(e) The motion shall state facts showing the responding party failed or refused to comply with section 59.1, a description of the matters sought to be discovered, the reason or reasons why the matter is discoverable under that section, that a reasonable and good faith attempt to contact the responding party for an informal resolution of the issue has been made, and the grounds of the responding party's refusal.

(f) Motions, responses and replies shall be limited to 15 pages. In addition, the motion may be supported by such documentation as affidavits, declarations, depositions, and matters of which judicial notice shall or may be taken.

(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.

(2) The responding party shall have a right to file an opposition to the motion within 15 days of service of the motion. Any reply to the opposition shall be filed with the Chief ALJ or his or her designee and served on the moving party within 10 days of service of the opposition 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 60.3 and renumbering of former section 57.3 to new section 60.3, 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).
3. Amendment of subsection (a), new subsection (b), subsection relettering, amendment of newly designated subsection (c) and amendment of NOTE filed 4-12-2013; operative 4-12-2013 pursuant to Government Code section 11343.4(b)(3) (Register 2013, No. 15).

Note: Authority cited: Section 18701, Government Code. Reference: Section 915, Evidence Code; and Sections 18670, 18671, 18672, 18672.1, 18673, 18675, 19683 and 19700- 19706, Government Code.

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