Section 50708 - Additional Parties(a) Appellants may submit a joint appeal where the issues involve the same transaction or series of transactions and there is a common question of law or fact; or where the appellants are each asserting claims to a particular amount in controversy, which are adverse to the Department or regional center. It is not necessary that each appellant be interested as to every issue presented in the joint appeal.(b) The appeals review officer or hearing officer may, on his/her own motion, or upon the written request of a party, order the joinder of an individual, organization, or entity not a party to the appeal whenever it appears necessary to avoid injury to absent persons, to bring a real party in interest into the proceedings, or to otherwise obtain a complete settlement of a controversy in one appeal.(c) The appeals review officer or hearing officer shall furnish adequate notice to all parties of joint appeals or orders for joinder, and shall provide for proper service of process on persons to be joined in the proceedings.(d) The appeals review officer or hearing officer may make such orders concerning additional parties as he/she deems necessary in his/her discretion, including, but not limited to the following: (1) Granting continuances and holding additional conferences or hearing to accommodate an additional party;(2) Finding for one or more of the appellants according to their respective rights to relief, or resolving conflicting claims between appellants;(3) Ordering severance of appeals or parties previously joined; or(4) Issuing a single Letter of Findings or decision for matters decided as a result of a merged administrative review or hearing.(e) In exercising his/her discretion, the appeals review officer or hearing officer may utilize appropriate principles of California law governing third party practice.(f) The appeals review officer's order granting or denying a request for joinder is appealable immediately. The grounds for appeal shall be limited to abuse of discretion.Cal. Code Regs. Tit. 17, § 50708
1. Renumbering and amendment of former Section 50608 to Section 50708 filed 7-5-88; operative 8-4-88 (Register 88, No. 29).
2. Editorial correction of NOTE (Register 2002, No. 46). Note: Authority cited: Sections 11152, Government Code; and Sections 4648.2 and 4780.5, Welfare and Institutions Code. Reference: Sections 4648.1 and 4780.5, Welfare and Institutions Code.
1. Renumbering and amendment of former Section 50608 to Section 50708 filed 7-5-88; operative 8-4-88 (Register 88, No. 29).
2. Editorial correction of Note(Register 2002, No. 46).