Current through Register 2022 Notice Reg. No. 14, April 8, 2022
a party amends a pleading, the party shall Serve on all other parties
and promptly file with OAH a complete, new pleading incorporating the
amendments. The new pleading shall be titled a "First Amended"
pleading, and subsequent amended pleadings shall be titled
consecutively. If the amendments are made during the Hearing, the
party shall use highlighting or any other effective method to
identify the changes made to the pleading. The ALJ may allow
exceptions for minor amendments during Hearing.
(b) OAH prefers amended to
supplemental pleadings. However, if a party issues a supplemental
pleading, the party shall Serve on all other parties and promptly
file with OAH the supplemental pleading which shall be titled a
"First Supplemental" pleading. Subsequent supplemental pleadings
shall be titled consecutively.
(c) A party who withdraws a notice
of defense, a request for Hearing, or an asserted special defense
shall immediately notify OAH and all other parties.
(d) When a party withdraws a notice
of defense or a request for Hearing, the agency shall promptly notify
OAH of the agency's decision either to proceed with the Hearing as a
default or request that the scheduled Hearing be taken off calendar
as a result of the party's withdrawal of the notice of defense or
request for Hearing. If the agency's request to take the Hearing off
calendar is made before the scheduled Hearing, the agency shall file
the request in writing and include the name of the party who has
withdrawn the notice of defense or request for Hearing.
Cal. Code Regs. Tit. 1, § 1014
Note: Authority cited: Section
Government Code. Reference: Sections
section filed 6-30-97 as an interim regulation pursuant to Government
operative 7-1-97 (Register 97, No. 27). Interim regulations expire on
12-31-98 unless earlier repealed or amended.
regulation filed 5-19-98 as a permanent regulation pursuant to
Government Code section
operative 5-30-98 pursuant to Government Code section
(Register 98, No. 21).
3. Amendment of section heading
and section filed 10-13-2004; operative 12-1-2004 (Register 2004, No.