California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 1.5 - General Rules of Pleading and Practice › Section 20190 - Continuance of Hearing Dates

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				initial hearing date will be scheduled as soon as a case is ready for
				presentation. Once that hearing date has been finalized as provided below, the
				case should proceed to hearing as scheduled. Hearing dates will be assigned so
				that all cases set for a particular date can proceed on that date. Finalized
				hearing dates should therefore be regarded by counsel as firm dates.
(b) When a notice of hearing issues for an
				unfair labor practice or representation case, the dates indicated in the notice
				of hearing and any scheduled prehearing conference, including any scheduled
				settlement conference in an unfair labor practice case, will be finalized
				unless the executive secretary receives a written communication within 10 days
				of the issuance of the notice of hearing, indicating that the parties have
				mutually agreed to a new hearing and/or prehearing date. It is the
				responsibility of the party objecting to the initial date(s) to contact the
				other parties and obtain their agreement for a modification. The objecting
				party is also responsible for communicating the new, agreed upon date(s) to the
				executive secretary.
(1) If a new date for
				the hearing and/or any scheduled settlement or prehearing conference is
				mutually agreed to and communicated to the executive secretary within the
				10-day period, that date will be finalized by the issuance of a confirming
				notice of hearing.
(2) If the
				parties are unable to agree on a new date for the hearing and/or any scheduled
				settlement or prehearing conference, the objecting party may submit a written
				request to the executive secretary within the 10-day period, with copies to the
				other parties, indicating the reasons the initial date(s) are objected to and
				requesting date(s) which are more convenient. The request will be treated as a
				motion to continue, and all parties will be contacted by telephone and given an
				opportunity to respond. No further pleading in support of or in opposition to
				the continuance shall be filed unless requested by the executive secretary. In
				ruling on the request, the executive secretary may grant the continuance to the
				date(s) requested, select other date(s), or retain the initial date(s). The
				executive secretary's ruling will be finalized by issuance of a confirming
				notice of hearing.
(3) If the dates
				set for the hearing and/or any scheduled settlement or prehearing conference in
				the initial notice of hearing are not objected to within the 10-day period,
				they will be finalized by the issuance of a confirming notice of
				hearing.
(4) In unusual situations
				where it is urgent that the hearing be held as soon as possible, (e.g., related
				court proceedings involving interlocutory relief), or when the agreed to dates
				would create scheduling conflicts, the executive secretary may decline to
				accept the dates mutually agreed to by the parties and instead select other
				dates.
(5) In computing the 10-day
				period, section
				20170(b) allowing
				five additional days to respond to papers served by mail, shall not apply. The
				date(s) mutually agreed to must be communicated to the executive secretary
				within the 10-day period.