§ 20278. Briefs to the Administrative Law Judge.

(a) Except as provided in subsection (e) below, following the close of the hearing, any party may file a post-hearing brief.

(b) Where no party orders transcripts prior to the close of the hearing, any brief shall be filed within 20 days of the close of the hearing or within such other period as the assigned administrative law judge may direct.

(c) Where any party orders a transcript prior to the close of the hearing, any brief shall be filed within 20 days of the postmark date of mailing of the last volume of the transcript or within such other period as the assigned administrative law judge may direct.

(d) Briefs shall be filed with the executive secretary and served on the parties as defined in section 20130 and in the manner provided in sections 20160 and 20166 and, in addition, a copy shall be served on the assigned administrative law judge. Briefs filed by parties shall, so far as possible, cite to those portions of the transcript which support their position. No brief shall exceed 50 pages in length except that, upon prior request, the administrative law judge may permit longer briefs when necessary. Any brief which exceeds 20 pages shall contain a table of contents and a table of authorities cited. Any table of contents or table of authorities shall not be counted as part of the 50 pages.

(e) The administrative law judge may order briefs dispensed with and the case submitted upon oral argument on the record at the close of the taking of testimony where: (1) the administrative law judge assigned to the hearing determines: (i) that counsel will be able to effectively present their positions orally and (ii) determines that the legal and factual issues are not sufficiently novel or complex so as to necessitate briefing; and (2) the parties are given sufficient time after issuance of the order to prepare the oral argument. In addition, in all cases the administrative law judge assigned to the hearing shall have the discretion to limit briefing to specified topics or issues, or to direct limited briefing on an expedited schedule either before or after receipt of transcripts.

HISTORY

1. Amendment filed 3-14-78; effective thirtieth day thereafter (Register 78, No. 11).

2. Amendment filed 8-28-81; effective thirtieth day thereafter (Register 81, No. 35).

3. Editorial correction of NOTE filed 2-16-83 (Register 83, No. 8).

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

5. Amendment of subsection (e) 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.