(a) Failure to respond to notice of oral hearing. If the party who requested an oral hearing fails to respond to the notice of oral hearing by the deadline stated in the notice of oral hearing, OTA will notify the parties in writing that the appeal has been removed from the oral hearing calendar. The appeal will then be submitted to a Panel for a decision on the basis of the written record.(b) Postponement or deferral. If OTA denies a request to postpone or defer an oral hearing, and, prior to the day of the oral hearing, the party who requested the postponement or deferral informs OTA that the party will not appear at the oral hearing, or the party fails to respond to a request to confirm attendance, OTA may remove the appeal from the oral hearing calendar and the appeal will be decided based on the written record.(c) Failure to appear. Except as provided in subdivision (b), if only one party appears for a duly noticed oral hearing and wishes to proceed, OTA may conduct the oral hearing in the absence of the party who failed to appear. OTA may also submit the appeal for decision based on the written record and remove it from the hearing calendar. If all parties fail to appear for the oral hearing, the appeal will be submitted to a Panel for decision based on the written record.(d) Good cause exception. If an appeal is removed from the oral hearing calendar or an oral hearing is held in absence of a party pursuant to this regulation, and the Panel has not yet issued a written Opinion, OTA may, in its discretion, return the appeal to the oral hearing calendar upon a showing of good cause.Cal. Code Regs. Tit. 18, § 30404
1. New section filed 1-3-2019; operative 1-3-2019. Pursuant to Government Code section 15679(b), this action is exempt from OAL review. Submitted to OAL for filing and printing only pursuant to Government Code section 11343.8 (Register 2019, No. 1).
2. Amendment of subsection (b) and amendment of NOTE filed 3-1-2021; operative 3-1-2021. This action is exempt from OAL review pursuant to Government Code section 15679(b). Submitted to OAL for filing and printing only pursuant to Government Code section 11343.8 (Register 2021, No. 10).
3. Amendment filed 6-26-2023; operative 6-30-2023. This action is exempt from the Administrative Procedure Act pursuant to Government Code section 15679(b). Submitted to OAL for filing and printing only pursuant to Government Code section 11343.8 (Register 2023, No. 26). Note: Authority cited: Sections 15676.2, 15679 and 15679.5, Government Code. Reference: Sections 22973.1, 22977.2 and 22979, Business and Professions Code; Sections 11415.40, 11440.20, 11445.30, 11509, 15672, 15674, 15676.2, 15679 and 15679.5, Government Code; and Sections 20, 6562, 7711, 8852, 18533, 19045, 19047, 19048, 19084, 19085, 19087, 19104, 19331, 19333, 19343, 19345, 30262, 38443, 40093, 41087, 3303, 45303, 46353, 50116, 55083 and 60352, Revenue and Taxation Code.
1. New section filed 1-3-2019; operative 1/3/2019. Pursuant to Government Code section 15679(b), this action is exempt from OAL review. Submitted to OAL for filing and printing only pursuant to Government Code section 11343.8 (Register 2019, No. 1).
2. Amendment of subsection (b) and amendment of Note filed 3-1-2021; operative 3/1/2021. This action is exempt from OAL review pursuant to Government Code section 15679(b). Submitted to OAL for filing and printing only pursuant to Government Code section 11343.8 (Register 2021, No. 10).
3. Amendment filed 6-26-2023; operative 6/30/2023. This action is exempt from the Administrative Procedure Act pursuant to Government Code section 15679(b). Submitted to OAL for filing and printing only pursuant to Government Code section 11343.8 (Register 2023, No. 26).