Section 60075.30 - Time and Place of Hearing(a) Within 30 days of the executive officer deeming the request for hearing complete and assigning the case to the appropriate hearing office, the hearing office shall schedule the hearing date. A matter shall be scheduled to be heard as soon as practicable, but no later than 90 days after assignment of the case to the hearing office.(b) The hearing office shall deliver or mail a notice of hearing to all parties at least 30 days prior to the hearing. The notice shall be in the form specified in section 11509 of the Government Code.(c) The hearing officer may, on his or her own motion or upon request of any party accompanied by a showing of good cause, grant such delays or continue a hearing to another time or place as may be necessary or desirable in the interest of fairly resolving the case.(1) A party shall apply to the hearing officer for a continuance not less than 5 days prior to the scheduled hearing.(2) When a continuance is ordered during a hearing, the hearing officer shall give written notice of the time and place of the continued hearing.(d) The hearing office shall set the place of hearing at a location as near as practicable to the place where the citee resides or maintains a place of business in California. If the citee does not reside or maintain a place of business in California, the hearing shall be in Sacramento. The hearing office may establish hearing locations anywhere in the state; at a minimum one hearing location shall be established in Sacramento and one in the Los Angeles area.(e) Upon the motion of any party and a showing of good cause, or upon the motion of the hearing officer, and in the absence of an objection from any party, the hearing officer may exercise discretion to conduct all or part of a hearing by telephone or other electronic means.(1) In granting such a motion, the hearing officer must be assured that each participant in the hearing has an opportunity to participate in and to hear the entire proceeding while it is taking place and to observe all exhibits fully.(2) The hearing officer may direct the party who has requested the alternative method to make the necessary arrangements and be responsible for any associated costs.Cal. Code Regs. Tit. 17, § 60075.30
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 6 to subarticle 9, renumbering of former section 60075.30 to section 60075.34 and renumbering and amendment of former section 60075.26 to section 60075.30 filed 9-1-99; operative 10-1-99 (Register 99, No. 36).
3. Amendment of subsection (a) and 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); Sections 42410, 43023, 43028, 43031(a) and 44011.6, Health and Safety Code; and Sections 11509 and 11440.30, Government 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 6 to subarticle 9, renumbering of former section 60075.30 to section 60075.34 and renumbering and amendment of former section 60075.26 to section 60075.30 filed 9-1-99; operative 10-1-99 (Register 99, No. 36).
3. Amendment of subsection (a) and Note filed 9-4-2003; operative 10-4-2003 (Register 2003, No. 36).