Section 52.8 - Pleadings; Notice of Defense; Withdrawal of Notice of Defense(a) A party may seek approval from the board to amend a pleading, including a Notice of Adverse Action amended in accordance with Government Code section 19575.5. When a party seeks to amend a pleading, the party shall promptly serve on all other parties and file with the Appeals Division a complete, new pleading. The party seeking to amend the pleading shall use highlighting or italics or any other effective method to identify the changes made to the pleading. The new pleading shall be titled a "First Amended" pleading, and subsequent amended pleadings shall be titled consecutively. The ALJ, or the hearing officer, may allow exceptions for minor amendments during the hearing.(b) The Chief ALJ or his or her designee may require a showing of good cause prior to making a determination as to whether to grant the request to amend a pleading.(c) The board prefers amended to supplemental pleadings. However, if a party issues a supplemental pleading, the party shall serve on all other parties and promptly file with the Appeals Division the supplemental pleading, which shall be titled a "First Supplemental" pleading. Subsequent supplemental pleadings shall be titled consecutively.(d) A party who withdraws a notice of defense, a request for hearing, or an asserted special defense, shall immediately notify the Appeals Division and all other parties in writing.(e) At any time before the opening of the record in a matter, a claimant seeking back pay, a Respondent seeking a back pay hearing, or a Complainant may withdraw his or her request, claim or complaint and the request, appeal or complaint shall be deemed dismissed without prejudice.(f) At any time after the commencement of a hearing and before a proposed decision has been submitted to the board for consideration, a claimant seeking back pay, a Respondent seeking a back pay hearing, or a Complainant may seek approval from the Chief ALJ or his or her designee to withdraw his or her request for hearing, claim or complaint with prejudice. In making a determination about whether an individual may be permitted to withdraw his or her request, claim or complaint with prejudice, the Chief ALJ or his or her designee shall consider whether any parties object to the request. A whistleblower retaliation complaint shall not be permitted to be withdrawn following the closure of the record in the proceeding.(g) Once a proposed decision on a request for back pay hearing, a back pay claim, or a complaint is submitted to the board for its consideration, the Respondent, claimant or Complainant shall not be permitted to withdraw his, her, or its request, claim or complaint, unless all of the parties to the proceeding have submitted a settlement agreement in the matter with the board.(h) For purposes of this section, a proposed decision on a back pay appeal or a complaint is considered submitted to the board for its consideration once the board has issued an agenda pursuant to Government Code section 11125 indicating that the appeal or complaint will be considered at its next board meeting.Cal. Code Regs. Tit. 2, § 52.8
1. New section filed 8-18-2010; operative 8-18-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 34).
2. Amendment filed 4-12-2013; operative 4-12-2013 pursuant to Government Code section 11343.4(b)(3) (Register 2013, No. 15). Note: Authority cited: Section 18701, Government Code. Reference: Section 18675, Government Code.
1. New section filed 8-18-2010; operative 8-18-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 34).
2. Amendment filed 4-12-2013; operative 4-12-2013 pursuant to Government Code section 11343.4(b)(3) (Register 2013, No. 15).