Cal. Code Regs. tit. 9 § 7357

Current through Register 2024 Notice Reg. No. 52, December 27, 2024

Section 7357 - Postponement and Continuation

(a) The impartial hearing officer may postpone the scheduled hearing up to 90 days if good cause exists, if both parties agree to the postponement, or for the convenience of the appellant. A request for postponement must be filed no later than five (5) working days prior to the scheduled hearing. The impartial hearing officer shall not postpone the hearing for more than one year from the original hearing date.

(b) The impartial hearing officer may continue the hearing to a later date upon the determination that additional evidence not available at the hearing is necessary to reach a decision. The impartial hearing officer may order further investigation or direct either party to produce additional evidence.

(c) The impartial hearing officer may close the hearing but hold the record open for up to thirty (30) days to permit the submission of additional written evidence. Such evidence shall be made available to the Department and the appellant, and if applicable the appellant's authorized representative, and each party shall have the opportunity to submit a written response.

(d) The impartial hearing officer may conduct further hearings if the additional information or response indicates a need for such hearings.

Cal. Code Regs. Tit. 9, § 7357

1. Amendment of subsection (c) and NOTE filed 9-19-91; operative 10-21-91 (Register 91, No. 52).
2. Amendment of section and NOTE filed 7-27-2012 as an emergency; operative 7-27-2012 (Register 2012, No. 30). Pursuant to Welfare and Institutions Code section 19710, this action is a deemed emergency and the emergency regulations are exempt from OAL review. A Certificate of Compliance must be transmitted to OAL by 1-23-2013 or the emergency action will be repealed by operation of law on the following day.
3. Amendment refiled 1-17-2013 as an emergency; operative 1-17-2013 (Register 2013, No. 3). Pursuant to Welfare and Institutions Code section 19710, this action is a deemed emergency and the emergency regulations are exempt from OAL review. A Certificate of Compliance must be transmitted to OAL by 4-17-2013 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 1-17-2013 order, including nonsubstantial amendment of subsection (a) and amendment of NOTE, transmitted to OAL 1-29-2013 and filed 3-5-2013; amendment operative 3-5-2013 pursuant to Government Code section 11343.4(b)(3) (Register 2013, No. 10).

Note: Authority cited: Sections 19006, 19016 and 19705, Welfare and Institutions Code. Reference: 34 CFR 361.48(d).

1. Amendment of subsection (c) and Note filed 9-19-91; operative 10-21-91 (Register 91, No. 52).
2. Amendment of section and Note filed 7-27-2012 as an emergency; operative 7-27-2012 (Register 2012, No. 30). Pursuant to Welfare and Institutions Code section 19710, this action is a deemed emergency and the emergency regulations are exempt from OAL review. A Certificate of Compliance must be transmitted to OAL by 1-23-2013 or the emergency action will be repealed by operation of law on the following day.
3. Amendment refiled 1-17-2013 as an emergency; operative 1-17-2013 (Register 2013, No. 3). Pursuant to Welfare and Institutions Code section 19710, this action is a deemed emergency and the emergency regulations are exempt from OAL review. A Certificate of Compliance must be transmitted to OAL by 4-17-2013 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 1-17-2013 order, including nonsubstantial amendment of subsection (a) and amendment of Note, transmitted to OAL 1-29-2013 and filed 3-5-2013; amendment operative 3-5-2013 pursuant to Government Code section 11343.4(b)(3) (Register 2013, No. 10).