California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.2 - Hearings and Appeals › Article 2 - Filing with the Board › Section 52.8 - Pleadings; Notice of Defense; Withdrawal of Notice of Defense

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A party may seek approval from the board
					 to amend a pleading, including a Notice of Adverse Action amended in accordance
					 with Government Code section
					 19575.5.
					 When a party seeks to amend a pleading, the party shall promptly serve on all
					 other parties and file with the Appeals Division a complete, new pleading. The
					 party seeking to amend the pleading shall use highlighting or italics or any
					 other effective method to identify the changes made to the pleading. The new
					 pleading shall be titled a "First Amended" pleading, and subsequent amended
					 pleadings shall be titled consecutively. The ALJ, or the hearing officer, may
					 allow exceptions for minor amendments during the hearing.
(b) The Chief ALJ or his or her designee may
					 require a showing of good cause prior to making a determination as to whether
					 to grant the request to amend a pleading.
(c) The board prefers amended to supplemental
					 pleadings. However, if a party issues a supplemental pleading, the party shall
					 serve on all other parties and promptly file with the Appeals Division the
					 supplemental pleading, which shall be titled a "First Supplemental" pleading.
					 Subsequent supplemental pleadings shall be titled consecutively.
(d) A party who withdraws a notice of
					 defense, a request for hearing, or an asserted special defense, shall
					 immediately notify the Appeals Division and all other parties in
					 writing.
(e) At any time before the
					 opening of the record in a matter, a claimant seeking back pay, a Respondent
					 seeking a back pay hearing, or a Complainant may withdraw his or her request,
					 claim or complaint and the request, appeal or complaint shall be deemed
					 dismissed without prejudice.
(f) At
					 any time after the commencement of a hearing and before a proposed decision has
					 been submitted to the board for consideration, a claimant seeking back pay, a
					 Respondent seeking a back pay hearing, or a Complainant may seek approval from
					 the Chief ALJ or his or her designee to withdraw his or her request for
					 hearing, claim or complaint with prejudice. In making a determination about
					 whether an individual may be permitted to withdraw his or her request, claim or
					 complaint with prejudice, the Chief ALJ or his or her designee shall consider
					 whether any parties object to the request. A whistleblower retaliation
					 complaint shall not be permitted to be withdrawn following the closure of the
					 record in the proceeding.
(g) Once
					 a proposed decision on a request for back pay hearing, a back pay claim, or a
					 complaint is submitted to the board for its consideration, the Respondent,
					 claimant or Complainant shall not be permitted to withdraw his, her, or its
					 request, claim or complaint, unless all of the parties to the proceeding have
					 submitted a settlement agreement in the matter with the board.
(h) For purposes of this section, a proposed
					 decision on a back pay appeal or a complaint is considered submitted to the
					 board for its consideration once the board has issued an agenda pursuant to
					 Government Code section
					 11125
					 indicating that the appeal or complaint will be considered at its next board
					 meeting.
1. New
						section filed 8-18-2010; operative 8-18-2010 pursuant to Government Code
						section
						11343.4
						(Register 2010, No. 34).
2. Amendment filed 4-12-2013; operative
						4-12-2013 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2013, No. 15).
Note: Authority cited: Section
						  18701,
						  Government Code. Reference: Section
						  18675,
						  Government Code.