Cal. Code Regs. Tit. 1, § 1012 - Ex Parte Petitions and Applications for Temporary or Interim Orders

Current through Register 2022 Notice Reg. No. 14, April 8, 2022

(a) This regulation applies to any ex parte petition or application an agency files with OAH for temporary relief or interim orders specifically authorized by statute or regulation.
(b) Absent a showing of good cause, parties shall be given at least 24 hours notice of the specific relief sought and the date, time, and place of the ex parte proceeding. Notice may be given by telephone or facsimile transmission.
(c) At the time of the ex parte appearance the petitioner or applicant shall submit a written Declaration stating the manner in which the notice was given.
(d) If prior notice was not given, the petitioner or applicant shall submit a written Declaration stating the facts showing cause why the notice under subdivision (b) could not be given or should not be required.
(e) Ex parte petitions and applications shall be in writing and comply with Regulation 1006. The petition or application shall state the statutory authority for the temporary relief and include a proposed order.
(f) Except as provided in Regulation 1022(b), Regulation 1022 does not apply to Ex parte petitions and applications filed under this regulation.

Notes

Cal. Code Regs. Tit. 1, § 1012

Note: Authority cited: Section 11370.5(b), Government Code. Reference: Section 494, Business and Professions Code; Sections 1550.5 and 1558, Health and Safety Code; and Section 11529, Government Code.

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 Interim regulations expire on 12-31-98 unless earlier repealed or amended.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, including amendment of subsections (c) and (d), 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 of section heading and section filed 10-13-2004; operative 12-1-2004 (Register 2004, No. 42).

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