California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 6 - Prevailing Wage Hearings › Article 3 - Prehearing Procedures › Section 17230 - Scheduling of Hearing; Continuances and Tolling

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The appointed Hearing Officer shall
					 establish the place and time of the hearing on the merits, giving due
					 consideration to the needs of all Parties and the statutory time limits for
					 hearing and deciding the matter. Parties are encouraged to communicate
					 scheduling needs to the Hearing Officer and all other Parties at the earliest
					 opportunity. It shall not be a violation of Rule 07 [Section
					 17207] 's prohibition on ex parte
					 communications for the Hearing Officer or his or her designee to communicate
					 with Parties individually for purposes of clearing dates and times and
					 proposing locations for the hearing. The Hearing Officer may also conduct a
					 prehearing conference by telephone or any other expeditious means for purposes
					 of establishing the time and place of the hearing.
(b) Once a hearing date is set, a request for
					 a continuance that is not joined in by all other Parties or that is for more
					 than 30 days will not be granted absent a showing of extraordinary
					 circumstances, giving due regard to the potential prejudice to other Parties in
					 the case and other Persons affected by the matter under review. Absent an
					 enforceable waiver (
see
subpart (d) below), no continuance
					 will be granted nor any proceeding otherwise delayed if doing so is likely to
					 prevent the Hearing Officer from commencing the hearing on the matter within
					 the statutory time limit.
(c) A
					 request for a continuance that is for 30 days or less and is joined by all
					 Parties shall be granted upon a showing of good cause. Notwithstanding subpart
					 (b) above, a unilateral request for a continuance made by the Party who filed
					 the Request for Review shall be granted upon a showing of good cause if the new
					 date for commencing the hearing is no more than 150 days after the date of
					 service of the Assessment or Notice of Withholding of Contract
					 Payments.
(d) If a Party makes or
					 joins in any request that would delay or otherwise extend the time for hearing
					 or deciding a review proceeding beyond any prescribed time limit, such request
					 shall also be deemed a waiver by that Party of that time limit.
(e) The time limits for hearing and deciding
					 a review proceeding shall also be deemed tolled (1) when proceedings are
					 suspended to seek judicial enforcement of a subpoena or other order to compel
					 the attendance, testimony, or production of evidence by a necessary witness;
					 (2) when the proceedings are stayed or enjoined by any court order; (3) between
					 the time that a proceeding is dismissed and then ordered reinstated under Rule
					 25 [Section
					 17225] above; (4) upon the order of
					 a court reinstating or requiring rehearing of the merits of a proceeding; or
					 (5) during the pendency of any other cause beyond the Director's direct control
					 (including but not limited to natural disasters, temporary unavailability of a
					 suitable hearing facility, or absence of budget authority) that prevents the
					 Director or any appointed Hearing Officer from carrying out his or her
					 responsibilities under these Rules.
1. New
						article 3 (sections
						17230-17237) and section filed
						1-15-2002; operative 1-15-2002 pursuant to Government Code section
						11343.4
						(Register 2002, No. 3).
Note: Authority cited: Sections
						  55,
						  59,
						  1742(b)
						  and
						  1773.5, Labor
						  Code. Reference: Section
						  1742(b),
						  Labor Code.