California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 7 - Quasi-Judicial Hearing Procedures and Decisions › Section 1187.9 - Extensions of Time to File Comments or Rebuttals and Postponements and Continuances of Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Requests for Extensions of Time
Any party or interested party to a matter may request an
					 extension of time by filing a request with the executive director before the
					 date set for filing of comments or rebuttals with Commission staff on that
					 matter. The request shall fully explain the reasons for the extension, propose
					 a new date for filing, and be certified, filed, and served in accordance with
					 section 1181.3 of these regulations. So
					 long as a postponement of a hearing would not be required, there is no
					 prejudice to any party or interested party, and there is no other good reason
					 for denial, the request shall be approved. A party to a matter may request an
					 extension of time that would necessitate rescheduling a hearing, but shall also
					 include a request for postponement of the hearing, pursuant to subdivision (b)
					 of this section. Within two business days of receipt of the request, the
					 executive director shall determine whether the extension will be granted and
					 notify all persons on the mailing list prepared pursuant to section
					 1181.4 of these
					 regulations.
(b) Requests
				  for Postponement of Hearing
A party to an article 7 matter may request a postponement
					 of a hearing on that matter, until the next regularly scheduled hearing.
					 Although postponements of hearings are disfavored, each request for a
					 postponement must be considered on its own merits. The request shall fully
					 explain the reasons for the postponement, and be certified, filed, and served
					 in accordance with section
					 1181.3 of these regulations. Within
					 two business days of receipt of the request, the executive director shall
					 determine whether the postponement will be granted and notify all persons on
					 the mailing list prepared pursuant to section
					 1181.4 of these regulations. The
					 executive director may postpone the matter only on an affirmative showing of
					 good cause.
(1) Circumstances that may
				  indicate good cause include:
(A) The
				  unavailability of a party, party representative, or witness because of death,
				  illness, or other excusable circumstances;
(B) The substitution of a party
				  representative, but only where there is an affirmative showing that the
				  substitution is required in the interests of justice;
(C) The addition of a new party if:
1. The new party has not had a reasonable
				  opportunity to prepare for hearing; or
2. The other parties have not had a
				  reasonable opportunity to prepare for hearing in regard to the new party's
				  involvement in the matter;
(D) A party's excused inability to obtain
				  essential testimony, documents, or other material evidence despite diligent
				  efforts;
(E) A significant,
				  unanticipated change in the status of the matter as a result of which the
				  matter is not ready for hearing; or
(F) The number and complexity of the
				  issues.