Section 5105 - Written Argument and Briefs(a) A party who files a board appeal, also known as a board appellant, has the right to file written argument. Except as otherwise provided by this rule or specified by the agency, written argument shall be filed and served at the same time as the board appeal is filed.(b) A board appellant has the right to request a copy of all or part of the record for the purpose of filing written argument. Such request for a copy of the record shall be made and served at the same time the board appeal is filed. If a copy of the record is provided pursuant to this section, the board appellant may file and serve written argument within 12 days after the agency sends it the record, or within such other time as the agency may specify.(c) If the agency extends the time to file a board appeal, the time to file written argument shall also be extended to the same date the board appeal is filed. If the agency extends the time to file a board appeal, the time to request a copy of the record shall also be extended to the same date the board appeal is filed.(d) A party who responds to a board appeal, also known as a board respondent, may file and serve written argument only if authorized by the agency. Prior to modifying or reversing the results of the administrative law judge's decision, the agency shall serve a copy of the record and authorize a board respondent to file written argument. If authorized, the board respondent may file and serve written argument within 12 days after the agency sends it the record, or within such other time the agency may specify.(e) Notwithstanding (d) above, the board may correct a clerical error in a decision or order of an administrative law judge, or set aside the order or decision, without serving a copy of the record or authorizing a board respondent to file written argument.(f) Any person may apply for permission to file a brief as a friend of the board. If granted, any such brief shall be filed and served in accordance with instructions of the board.Cal. Code Regs. Tit. 22, § 5105
1. Renumbering of former section 5114 to section 5105, including amendment of section heading, section and NOTE, filed 2-4-99; operative 3-6-99 (Register 99, No. 6). For prior history of section 5105, see Register 85, No. 26.
2. Amendment of subsections (a) and (b), new subsections (c)-(e) and subsection relettering filed 5-12-2010; operative 6-11-2010 (Register 2010, No. 20). Note: Authority cited: Section 11400.20, Government Code; and Section 411, Unemployment Insurance Code. Reference: Sections 1951, 2712 and 3262, Unemployment Insurance Code.
1. Renumbering of former section 5114 to section 5105, including amendment of section heading, section and Note, filed 2-4-99; operative 3-6-99 (Register 99, No. 6). For prior history of section 5105, see Register 85, No. 26.
2. Amendment of subsections (a) and (b), new subsections (c)-(e) and subsection relettering filed 5-12-2010; operative 6-11-2010 (Register 2010, No. 20).