Cal. Code Regs. Tit. 18, § 30210 - Conferences
(a) Application.
The provisions of this article shall apply to all proceedings before OTA ,
including oral hearing appeals, and appeals where an oral hearing is not
requested.
(b) Generally. Either
OTA or a party to an appeal may request a conference. A conference may be
requested at any time in the appeal process and may be requested regardless of
whether an oral hearing has been requested. OTA will determine whether a
conference is necessary, and the order, deadlines, and conditions of any
conference. Unless otherwise directed by OTA , all conferences will be informal
in nature and will not be recorded.
(c) Requests by a party to an appeal . Any
party may request a conference. Any such request should be made in writing with
a copy sent to the other party or parties to the appeal .
(d) Location of conference. Conferences
generally may be held telephonically, by video conference, or in person at one
of OTA 's permanent hearing facilities. Conferences may be held by telephone or
other electronic means if each participant in the conference has an opportunity
to participate in and to understand the entire proceeding while it is taking
place.
(e) Notice and scheduling.
OTA will provide written notice to the parties of the time and location of a
conference. OTA will consult with the parties regarding the scheduling of a
conference other than a prehearing conference and will provide written notice
to the parties of the time and location of the conference. Notice of the time
and location for a prehearing conference will be included with the notice of
oral hearing that is mailed to the parties pursuant to regulation 30402.
Nothing in this subdivision precludes OTA from rescheduling the date and time
of any conference, including a prehearing conference, for good cause.
(f) Matters to be covered. A conference may
deal with one or more of the following matters:
(1) Clarification and discussion of issues or
facts;
(2) Evidence and witnesses,
and any objections to the admission of evidence or witnesses;
(3) Schedules for the submission of any
additional briefs or evidence , and schedules for the commencement and conduct
of any oral hearing ; and
(4) Any
other matters that may promote the fair, objective, and timely resolution of
the appeal .
(g) New
evidence . Unless otherwise directed by OTA , if any party anticipates providing
evidence not already provided to OTA for discussion at the conference, such
evidence should be provided to OTA , with a copy to the other party or parties
to the appeal , no later than three business days prior to the
conference.
Notes
2. Amendment of subsections (c) and (f)(4) and amendment of NOTE filed 3-1-2021; operative 3-1-2021. This action is exempt from OAL review pursuant to Government Code section 15679(b). Submitted to OAL for filing and printing only pursuant to Government Code section 11343.8 (Register 2021, No. 10).
3. Amendment filed 6-26-2023; operative 6-30-2023. This action is exempt from the Administrative Procedure Act pursuant to Government Code section 15679(b). Submitted to OAL for filing and printing only pursuant to Government Code section 11343.8 (Register 2023, No. 26).
Note: Authority cited: Sections 15676.2, 15679 and 15679.5, Government Code. Reference: Sections 11445.10, 11445.30, 11445.40, 11470.10, 11511.5, 15676.2 and 15679.5, Government Code.
2. Amendment of subsections (c) and (f)(4) and amendment of Note filed 3-1-2021; operative
3. Amendment filed 6-26-2023; operative
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