Section 1187.9 - Extensions of Time to File Comments or Rebuttals and Postponements and Continuances of Hearings(a) Requests for Extensions of Time Any party or interested party to a matter may request an extension of time by filing a request with the executive director before the date set for filing of comments or rebuttals with Commission staff on that matter. The request shall fully explain the reasons for the extension, propose a new date for filing, and be certified, filed, and served in accordance with section 1181.3 of these regulations. So long as a postponement of a hearing would not be required, there is no prejudice to any party or interested party, and there is no other good reason for denial, the request shall be approved. A party to a matter may request an extension of time that would necessitate rescheduling a hearing, but shall also include a request for postponement of the hearing, pursuant to subdivision (b) of this section. Within two business days of receipt of the request, the executive director shall determine whether the extension will be granted and notify all persons on the mailing list prepared pursuant to section 1181.4 of these regulations.
(b) Requests for Postponement of Hearing A party to an article 7 matter may request a postponement of a hearing on that matter, until the next regularly scheduled hearing. Although postponements of hearings are disfavored, each request for a postponement must be considered on its own merits. The request shall fully explain the reasons for the postponement, and be certified, filed, and served in accordance with section 1181.3 of these regulations. Within two business days of receipt of the request, the executive director shall determine whether the postponement will be granted and notify all persons on the mailing list prepared pursuant to section 1181.4 of these regulations. The executive director may postpone the matter only on an affirmative showing of good cause.
(1) Circumstances that may indicate good cause include:(A) The unavailability of a party, party representative, or witness because of death, illness, or other excusable circumstances;(B) The substitution of a party representative, but only where there is an affirmative showing that the substitution is required in the interests of justice;(C) The addition of a new party if: 1. The new party has not had a reasonable opportunity to prepare for hearing; or2. The other parties have not had a reasonable opportunity to prepare for hearing in regard to the new party's involvement in the matter;(D) A party's excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts;(E) A significant, unanticipated change in the status of the matter as a result of which the matter is not ready for hearing; or(F) The number and complexity of the issues.(2) Other factors to be considered: In determining whether to grant a postponement, the executive director shall consider the facts and circumstances that are relevant to the determination. These may include:(A) The proximity of the hearing date;(B) Whether there was any previous postponement, extension of time, or delay of hearing due to any party;(C) The length of the postponement requested;(D) The availability of alternative means to address the problem that gave rise to the request for a postponement;(E) The prejudice that parties or witnesses will suffer as a result of the postponement;(F) If the matter was granted expedited scheduling, the reasons for that status and whether the need for a postponement outweighs the need to avoid delay;(G) The Commission's backlog of matters and the impact of granting a postponement on other pending matters;(H) Whether the claimant or requester representative is engaged in a trial or other hearing that conflicts with the Commission hearing;(I) Whether, pursuant to Government Code 17554, all parties have stipulated to a postponement; and(J) Whether the interests of justice are best served by a postponement, by moving forward with the hearing on the matter, or by imposing conditions on the postponement.(3) Approval of Requests for Postponement(A) A request filed by the claimant or requester at least 15 days before the hearing shall be approved by the executive director for good cause.(B) A request filed by stipulation of the parties, including the claimant or requester, shall be approved by the executive director for good cause.(C) A request filed by the claimant or requester less than 15 days before the hearing may be approved by the executive director for good cause.(D) A request filed by an interested party may be approved by the executive director for good cause. If a state agency makes a request before filing comments on the test claim, that request shall be accompanied by a notice of intent to oppose the test claim in whole or in part.(4) Postponement on Commission Staff's Own Motion: The executive director may postpone a hearing on a matter for good cause and shall notify all persons on the mailing list prepared pursuant to section 1181.4 of these regulations.(c) Continuance of a Hearing (1) Prior to the adoption of its written decision on the matter being heard, the Commission on its own motion, or upon a clear showing of good cause at the request of a party, may continue a hearing to another time or place. Written notice of the time and place of the continued hearing, except as provided herein, shall be in accordance with section 1187.1 of these regulations. When a continuance is ordered during a hearing, oral notice of the time and place of the continued hearing may also be given to each party present at the hearing.(2) Continuances will be granted only upon a clear showing of good cause as described in subdivision (b). In determining whether there is good cause for a continuance the following policy should be taken into consideration: Continuances are not favored by the Commission. The parties are expected to submit for decision all matters in controversy at a single hearing and to produce at the hearing all necessary evidence, including witnesses, documents and anything considered essential in the proof of a party's allegations.Cal. Code Regs. Tit. 2, § 1187.9
1. Repealer and new NOTE filed 10-27-2010; operative 1-1-2011. Submitted to OAL for filing and printing only pursuant to Government Code section 11343.8 (Register 2010, No. 44).
2. Repealer and new section filed 5-19-2014; operative 7-1-2014 pursuant to Government Code section 11343.4(a)(3). Exempt from OAL review and submitted to OAL for printing only pursuant to Government Code section 17527 (Register 2014, No. 21).
3. Amendment subsection (b)(1)(F) and amendment of NOTE filed 9-24-2015; operative 10-1-2015 pursuant to Government Code section 11343.4(b)(3). Exempt from OAL review and submitted to OAL for filing and printing only pursuant to Government Code section 17527(g) (Register 2015, No. 39).
4. Amendment of subsections (a) and (b) filed 2-27-2018; operative 4-1-2018 pursuant to Government Code section 11343.4(a). Exempt from OAL review and submitted to OAL for filing and printing only pursuant to Government Code section 17527(g) (Register 2018, No. 9).
5. Editorial correction of HISTORY 4 (Register 2018, No. 18).
6. Amendment of subsections (a), (b) and (c)(2) filed 1-23-2020; operative 4-1-2020 (Register 2020, No. 4).
7. Amendment of subsections (a)-(b) and (c)(2) filed 8-16-2021; operative 10-1-2021 pursuant to Government Code section 11343.4(a). Exempt from OAL review and submitted to OAL for filing and printing only pursuant to Government Code section 17527 (Register 2021, No. 34). Note: Authority cited: Sections 17527(g) and 17553(a), Government Code. Reference: Sections 17527, 17551 and 17553(a), Government Code; and California Rules of Court, Rule 3.1332.
1. Repealer and new Note filed 10-27-2010; operative 1-1-2011. Submitted to OAL for filing and printing only pursuant to Government Code section 11343.8 (Register 2010, No. 44).
2. Repealer and new section filed 5-19-2014; operative 7/1/2014 pursuant to Government Code section 11343.4(a)(3). Exempt from OAL review and submitted to OAL for printing only pursuant to Government Code section 17527 (Register 2014, No. 21).
3. Amendment subsection (b)(1)(F) and amendment of Note filed 9-24-2015; operative 10/1/2015 pursuant to Government Code section 11343.4(b)(3). Exempt from OAL review and submitted to OAL for filing and printing only pursuant to Government Code section 17527(g) (Register 2015, No. 39).
4. Amendment of subsections (a) and (b) filed 2-27-2018; operative 4/1/2018 pursuant to Government Code section 11343.4(a). Exempt from OAL review and submitted to OAL for for filing and printing only pursuant to Government Code section 17527(g) (Register 2018, No. 9).
5. Editorial correction of History 4 (Register 2018, No. 18).
6. Amendment of subsections (a), (b) and (c)(2) filed 1-23-2020; operative 4/1/2020 (Register 2020, No. 4).
7. Amendment of subsections (a)-(b) and (c)(2) filed 8-16-2021; operative 10/1/2021 pursuant to Government Code section 11343.4(a). Exempt from OAL review and submitted to OAL for filing and printing only pursuant to Government Code section 17527 (Register 2021, No. 34).