Section 60.2 - Motions for Hearing Continuances(a) Motions for continuance of a hearing shall be considered only upon the moving papers. No hearing on the motion will be scheduled.(b) Grounds for continuance (1) Motions for continuances based upon good cause shall be considered only if filed no later than 10 days subsequent to learning of the basis for a continuance. Circumstances that may indicate good cause include: (A) The unavailability of an essential lay or expert witness because of death, illness, or other excusable circumstances;(B) The unavailability of a party or counsel because of death, illness, or other excusable circumstances;(C) The substitution of counsel, but only where there is an affirmative showing that the substitution is required in the interests of justice;(D) A party's excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts.(2) Motions for continuances by mutual agreement of the parties shall be considered only if filed no later than 90 days prior to the hearing. The motion must be signed by all parties or their representatives.(3) When the acts or omissions that lead to an adverse action or rejection also lead to criminal charges being filed against the Appellant, continuances shall be granted when the parties mutually concur to allow for completion of the criminal proceedings, subject to the three year limitation in section 58.3.(c) Requirements for filing a motion for continuance(1) The moving party must meet and confer with all other parties on the motion prior to filing the motion with the Appeals Division, directed to the Chief ALJ or his or her designee pursuant to section 52.5.(2) The motion shall include all facts which support the request to continue the hearing, as well as the following information; (A) The case name and SPB case number;(B) The date, time and place, and type of hearing to be continued;(C) The address and daytime telephone number of the moving party and all other parties;(D) A list of all previous motions to continue the hearing and the dispositions;(E) The positions of all nonmoving parties to the motion;(F) Any future dates when the parties are unavailable for hearing over the next three months and any preferred future hearing dates;(G) If Appellant is the moving party, whether Appellant waives the provisions of section 18671.1 of the Government Code; and(H) All factual assertions must be accompanied by a declaration under penalty of perjury, that the facts are true and correct.(d) In ruling on a motion for continuance, the ALJ shall consider all the facts and circumstances that are relevant to the determination. These may include:(1) The proximity of the hearing date;(2) Whether there was any previous continuance, extension of time, or delay of a hearing due to any party;(3) The length of the continuance requested;(4) The prejudice that parties or witnesses will suffer as a result of the continuance;(5) The hearing calendar and the impact of granting a continuance on other pending cases;(6) Whether counsel is engaged in another hearing;(7) Whether all parties have stipulated to a continuance;(8) Whether the interests of justice are best served by a continuance, by the hearing of the matter, or by imposing conditions on the continuance; and(9) Any other fact or circumstance relevant to the fair determination of the motion.Cal. Code Regs. Tit. 2, § 60.2
1. New section filed 4-4-2002; operative 4-4-2002. Submitted to OAL for printing only pursuant to Government Code section 18214 (Register 2002, No. 14).
2. Repealer of former section 60.2 and renumbering of former section 52.5 to new section 60.2, including amendment of section heading, section and NOTE, filed 8-18-2010; operative 8-18-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 34). Note: Authority cited: Section 18701, Government Code. Reference: Section 18675, Government Code.
1. New section filed 4-4-2002; operative 4-4-2002. Submitted to OAL for printing only pursuant to Government Code section 18214 (Register 2002, No. 14).
2. Repealer of former section 60.2 and renumbering of former section 52.5 to new section 60.2, including amendment of section heading, section and Note, filed 8-18-2010; operative 8-18-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 34).