Section 872.9 - Request for Extension of Time for Submitting Documents or Continuance(a) A party may request a continuance of a hearing or an extension of time for the submission of a document, except for the submission of a detailed statement of protest.(b) A request under subdivision (a) must be in writing and submitted to the Executive Officer as soon as the need for the request is known to the party, but no later than five working days prior to the date of the hearing or deadline for the submission of documents. (1) If a party is first aware of the need for a continuance request on the day scheduled for hearing, the request may be made to the hearing officer.(2) A request under subdivision (a) made less than five working days prior to the date of the hearing or deadline for the submission of documents shall not be granted unless: (A) it was impossible for the party to make the request any sooner; and(B) the party made the request as soon as becoming aware of the need for it.(c) Prior to making a request under subdivision (a), a party must contact all other parties and: (1) inform the parties of the need for the request;(2) determine whether or not each party will agree to the request; and(3) if the request is for a continuance of a hearing, determine alternative dates available to all parties.(d) A request under subdivision (a) must include a declaration that includes: (1) the specific facts showing good cause for the request;(2) available documentation of the specific facts showing good cause for the request;(3) the date when the facts supporting the request became known to the party; and(4) a statement that all parties were contacted as required by subdivision (c) and a summary of the outcome.(e) A request under subdivision (a) shall be granted only if good cause exists.(f) Good cause for a request under subdivision (a) exists for any of the following: (1) unavailability due to the death or incapacitating illness of a party, a representative, or a member of the immediate family of a party or representative, when it is not possible to substitute another individual because of the proximity of the hearing date or deadline for submission of documents;(2) failure to receive a copy of the detailed statement of protest;(3) failure to receive a copy of a response to a detailed statement of protest;(4) failure to make documents available to a party under section 872.5 after a timely request;(5) failure to receive timely notice of the hearing date as required by section 872.11; or(6) agreement by all parties to the continuance or extension.Cal. Code Regs. Tit. 2, § 872.9
1. New section filed 12-15-97 as interim regulations under Government Code section 11400.20; operative 12-15-97 (Register 97, No. 51).
2. Interim regulation transmitted to OAL 12-31-98 as a permanent rulemaking and filed 2-17-99; operative 2-17-99 pursuant to Government Code section 11400.20 (Register 99, No. 12). Note: Authority cited: Section 13920, Government Code. Reference: Sections 10306 and 12102(h), Public Contract Code.
1. New section filed 12-15-97 as interim regulations under Government Code section 11400.20; operative 12-15-97 (Register 97, No. 51).
2. Interim regulation transmitted to OAL 12-31-98 as a permanent rulemaking and filed 2-17-99; operative 2-17-99 pursuant to Government Code section 11400.20 (Register 99, No. 12).