Section 1014 - Pleadings; Notice of Defense; Withdrawal of Notice of Defense(a) When a party amends a pleading, the party shall Serve on all other parties and promptly file with OAH a complete, new pleading incorporating the amendments. The new pleading shall be titled a "First Amended" pleading, and subsequent amended pleadings shall be titled consecutively. If the amendments are made during the Hearing, the party shall use highlighting or any other effective method to identify the changes made to the pleading. The ALJ may allow exceptions for minor amendments during Hearing.(b) OAH 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 OAH the supplemental pleading which shall be titled a "First Supplemental" pleading. Subsequent supplemental pleadings shall be titled consecutively.(c) A party who withdraws a notice of defense, a request for Hearing, or an asserted special defense shall immediately notify OAH and all other parties.(d) When a party withdraws a notice of defense or a request for Hearing, the agency shall promptly notify OAH of the agency's decision either to proceed with the Hearing as a default or request that the scheduled Hearing be taken off calendar as a result of the party's withdrawal of the notice of defense or request for Hearing. If the agency's request to take the Hearing off calendar is made before the scheduled Hearing, the agency shall file the request in writing and include the name of the party who has withdrawn the notice of defense or request for Hearing.Cal. Code Regs. Tit. 1, § 1014
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 Interim regulations expire on 12-31-98 unless earlier repealed or amended.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 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. Amendment of section heading and section filed 10-13-2004; operative 12-1-2004 (Register 2004, No. 42). Note: Authority cited: Section 11370.5(b), Government Code. Reference: Sections 11505, 11506 and 11507, Government Code.
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 Interim regulations expire on 12-31-98 unless earlier repealed or amended.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 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. Amendment of section heading and section filed 10-13-2004; operative 12-1-2004 (Register 2004, No. 42).