Section 60075.10 - Motions(a) Any motion, including any request for action by the hearing officer relating to any proceeding pending before him or her filed by any party, except those made orally on the record at the hearing, shall be in writing and shall be directed to the hearing officer, with written notice and proof of service to all parties. The caption of each motion shall contain the title and docket number of the proceeding and a clear and plain statement of the relief sought, together with the grounds therefore.(b) Except as otherwise provided by statute or these regulations, or as ordered by the hearing officer, a motion shall be made and filed at least 15 days before the date set for the motion to be heard or the commencement of the hearing on the merits. Any response to the motion shall be filed and served no later than five days before the motion is scheduled to be heard or as ordered by the hearing officer.(c) The hearing office shall set the time and place for the hearing of the motion. The hearing shall occur as soon as practicable.(d) Except as otherwise provided by statute or these regulations, the hearing officer may decide a motion filed pursuant to this section without oral argument. Any party may request oral argument at the time of the filing of the motion or the response. If the hearing officer orders oral argument the party requesting oral argument, or any party directed to do so by the hearing officer, shall serve written notice on all parties of the date, time and place of the oral argument. The hearing officer may direct that oral argument be made by telephone conference call or other electronic means. These proceedings shall be recorded.(e) The hearing officer shall issue a written order deciding any motion, unless the motion is made during the course of the hearing on the merits while on the record. The hearing officer may request that the prevailing party prepare a proposed order.Cal. Code Regs. Tit. 17, § 60075.10
1. New section filed 11-27-91; operative 11-27-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 8).
2. Renumbering of former subarticle 3 to subarticle 5, renumbering of former section 60075.10 to section 60075.17 and new section 60075.10 filed 9-1-99; operative 10-1-99 (Register 99, No. 36).
3. Amendment of NOTE filed 9-4-2003; operative 10-4-2003 (Register 2003, No. 36). Note: Authority cited: Sections 39600, 39601, 42410, 43023, 43028, 43031(a) and 44011.6(m), Health and Safety Code. Reference: Mathews v. Eldridge, 424 U.S. 319 (1976); and Sections 42410, 43023, 43028, 43031(a) and 44011.6, Health and Safety Code.
1. New section filed 11-27-91; operative 11-27-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 8).
2. Renumbering of former subarticle 3 to subarticle 5, renumbering of former section 60075.10 to section 60075.17 and new section 60075.10 filed 9-1-99; operative 10-1-99 (Register 99, No. 36).
3. Amendment of Note filed 9-4-2003; operative 10-4-2003 (Register 2003, No. 36).