Cal. Code Regs. Tit. 13, § 115.13 - Motion for a Continuance of Hearing

(a) Any motion for a continuance shall be made pursuant to Government Code section 11524.

(b) No motion for a continuance shall be granted absent a showing of good cause.

(c) Any motion for a continuance shall contain sufficient facts and information to establish good cause including the following:

(1) The nature of the conflict, event, or occurrence which establishes the good cause for the continuance;

(2) The date the conflict, event, or occurrence arose or was discovered; and

(3) The steps or actions taken by the requesting party to avoid the conflict.

(d) Any motion for a continuance shall be made and filed within 10 business days following the time the party discovered or reasonably should have discovered the conflict, event, or occurrence.

(1) Any motion for a continuance made more than 10 business days following the time the party discovered or reasonably should have discovered the conflict shall not be granted.

(2) Notwithstanding subsection (d)(1), the hearing officer may still grant a motion for a continuance made more than 10 business days following the time the party discovered or reasonably should have discovered the conflict if the requesting party can demonstrate facts that support all the following:

(A) The requesting party could not reasonably have requested the continuance any sooner.

(B) The requesting party is not at fault for the conflict necessitating the continuance.

(C) The requesting party has made reasonable, diligent efforts to avoid the conflict.

(e) Failure to include the information required by this section shall result in the denial of the request for a continuance.

(f) Any request for judicial review of a denial of a continuance shall comply with Government Code section 11524(c).

Notes

Cal. Code Regs. Tit. 13, § 115.13

Note: Authority cited: Section 1651, Vehicle Code. Reference: Section 11524, Government Code.

1. New section filed 6-27-2024; operative 7/1/2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 26).