§ 20241. Motions During or After Prehearing Conference and Before Close of Hearing.

(a) With the exception of requests for continuances made prior to the opening of hearing and requests for continuances in excess of two days made during the hearing, motions and applications made at or after prehearing conference and prior to close of the hearing shall be directed to the assigned administrative law judge, and may be made orally on the record or in writing. If written, the motion, shall be filed and served in accordance with sections 20160 and 20166; provided, however, that a duplicate original shall be filed with the administrative law judge, and, if the hearing is in progress, copies shall be personally served on each party or its representative.

(b) Any party may respond to a written motion orally, at the prehearing conference or hearing, or in writing so long as a response is made within five (5) days after filing of the motion, or such time as the administrative law judge may direct. Written responses shall be served on each party or its representative. No further pleadings shall be filed in support of or in opposition to the motion unless requested by the administrative law judge.

(c) The administrative law judge shall rule on all motions either orally on the record or in writing, as may be appropriate. Rulings shall state the reasons therefor and, if in writing, shall be incorporated in the decision or separately served on all parties or their representatives and on the executive secretary.

(d) The administrative law judge may conduct a telephone conference call among the parties to hear argument or to rule on any motion before him/her. When the conference call method is utilized, upon request of any party, or at the direction of the administrative law judge, the conference call shall be reported or recorded by appropriate means as determined by the administrative law judge, and shall become part of the official record of the proceeding. As an alternative to a telephone conference call, the administrative law judge may utilize any other means of electronic communication which the Board has designated as appropriate.

HISTORY

1. Renumbering and amendment of former section 20242 to section 20241 filed 12-31-82; effective thirtieth day thereafter (Register 83, No. 1).

2. Amendment of subsections (a) , (b) and (d) filed 9-20-91; operative 10-21-91 (Register 92, No. 4).

3. Amendment of subsection (b) filed 10-19-95; operative 11-18-95 (Register 95, No. 42).

4. Amendment of subsection (a) filed 7-8-99; operative 8-7-99 (Register 99, No. 28).

Note

Note: Authority cited: Section 1144, Labor Code. Reference: Sections 1160.2 and 1160.3, Labor Code.