Cal. Code Regs. Tit. 1, § 1022 - Motions

(a) All Motions made prior to the Hearing shall be directed to the Presiding Judge. Thereafter, Motions shall be directed to the ALJ assigned to the Hearing.

(b) A Motion shall be made with written notice to all parties, unless the Motion is made during a Hearing while on the record. If a specific statute or regulation permits an ex parte petition or application, the moving party shall give all other parties 24-hour notice in accordance with Regulation 1012. Every written Motion shall be filed with an attached proof of Service showing that all parties have been Served with the Motion.

(c) If a prehearing conference has been scheduled, all Motions to be heard at the prehearing conference shall be filed in accordance with Regulation 1026(b), unless the Presiding Judge determines otherwise.

(d) Motions and any response thereto shall conform to the requirements of Regulation 1006. The Motion shall state in plain language the relief sought and the facts, circumstances, and legal authority that support the Motion.

(e) Except as otherwise provided by statute or regulation, or as ordered by the Presiding Judge, a Motion shall be filed and Served at least 15 Days before the date set for the commencement of the Hearing, and any response to the Motion shall be filed and Served no later than 3 Days before the date the Motion is scheduled to be heard.

(f) Except as otherwise provided by statute or regulation, or as ordered by the Presiding Judge, a Motion shall be decided without oral argument. A party may request oral argument at the time of filing the Motion or response.

(g) If the Presiding Judge orders oral argument, OAH shall set the date, time and place. The Presiding Judge may direct a party to Serve written notice on all other parties of the date, time, and place of the oral argument. Oral argument may be made in person or by telephone conference call, video conference, or any other electronic means, in compliance with section11440.30 and Regulation 1030.

(h) The Presiding Judge has discretion to decide whether oral argument shall be stenographically reported on his or her own motion or upon the written request of any party which includes the reasons for the request.

(i) The ruling on any Motion shall be made by written order, unless the Motion and ruling are made during the course of a Hearing while on the record. The ALJ may direct the prevailing party to prepare the order, or dispense with the requirement of a written order.

(j) This regulation does not apply to a Motion to continue a Hearing pursuant to section 11524 and Regulation 1020. Requests for Ex Parte Petitions and Applications for Temporary or Interim Orders shall be made pursuant to the provisions of Regulation 1012, and do not constitute a Motion within the meaning of this regulation. A request for a settlement conference pursuant to Regulation 1028, a prehearing conference pursuant to Regulation 1026, or security pursuant to Regulation 1019 does not constitute a Motion within the meaning of this regulation.

Notes

Cal. Code Regs. Tit. 1, § 1022

Note: Authority cited: Section 11370.5(b), Government Code. Reference: Sections 11440.30, 11507.3, 11507.7, 11508(c), 11511 and 11524, 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 new subsection (a), repealer of subsection (c), subsection relettering, and amendment of subsection (f), 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. Repealer and new section filed 10-13-2004; operative 12-1-2004 (Register 2004, No. 42).