California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 1 - General APA Hearing Procedures › Section 1028 - Settlement Conferences; Settlements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				After a Case is assigned to OAH, any party may file with OAH and Serve on all
				parties a request for a settlement conference. A request for a settlement
				conference shall be directed to the Presiding Judge. If the request is granted,
				OAH shall set the date and time for the conference. Regulation 1022 does not
				apply to a request for a settlement conference.
(b) Each respondent and his or her
				representative and an agency counsel or other representative, if the agency is
				not represented by counsel, shall appear in person at all settlement
				conferences. Each party or representative who attends the settlement conference
				shall be fully familiar with the facts and issues in the Case and shall have
				authority, or be able to obtain authority immediately by telephone, to
				negotiate settlement terms subject to the approval by the agency head. An
				agency representative who is familiar with the case, and has authority to
				approve settlement terms subject to the approval by the agency head, must be
				available to participate in the settlement conference in person or by
				telephone, subject to section
				11511.7.
(c) The Presiding Judge may excuse the
				attendance or participation of a party or representative upon a showing of good
				cause. A request to be excused shall be made not less than 3 business days
				before the date of the conference.
(d) A Request to continue the settlement
				conference shall be addressed to the Presiding Judge.
(e) The settlement conference ALJ may
				structure the conference to meet the needs of the particular dispute. A
				telephonic settlement conference may be arranged pursuant to section
				11511.7(b).
(f) A party may file a written settlement
				conference statement with OAH that describes the factual and legal issues and
				the status of any previous settlement discussions in the Case. The statement
				may be Served on all other parties or it may be marked "confidential" and
				submitted only to the Presiding Judge or the settlement conference ALJ. The
				statement should be submitted at least 3 business days before the conference.
				The Presiding Judge or settlement conference ALJ may require a party to file a
				settlement conference statement.
(g) A party should bring any pertinent
				documents and a draft of any settlement proposal on disk or in writing to the
				settlement conference.
(h) The
				settlement conference statement, other settlement materials, and settlement
				discussions shall not be disclosed to the Hearing ALJ and are deemed
				confidential unless the parties agree otherwise.
(i) Any settlement shall be included in a
				written stipulation, settlement agreement or consent order, or an oral
				agreement placed on the record.
(j)
				The parties shall promptly notify the OAH calendar clerk of any resolution that
				terminates a Case before OAH. OAH will vacate all Hearing dates upon receipt of
				a written request and notice of final resolution of the Case from the agency. A
				copy shall be Served on all other parties. Notice of final resolution of a Case
				consists of written confirmation from the agency that all parties have signed a
				final written agreement resolving the Case (subject to approval by the agency
				head) or that the agency has taken any unilateral actions legally required to
				withdraw, dismiss, or otherwise resolve the Case. A copy of the signed
				settlement, stipulation, agency order or any other paperwork terminating a
				matter before OAH, or, at the discretion of the agency, the first page and
				signature pages thereof, shall be filed with OAH.
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
				  amendment of subsections (e), (j) and (r), 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
					 11415.60
					 and
					 11511.7,
					 Government Code.