California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 1 - General APA Hearing Procedures › Section 1022 - Motions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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 section
				11440.30 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.
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).
Note: Authority cited: Section
					 11370.5(b),
					 Government Code. Reference: Sections
					 11440.30,
					 11507.3,
					 11507.7,
					 11508(c),
					 11511 and
					 11524,
					 Government Code.