During a recent monthly meeting of the SCBA's Administrative Law Section, Office of Administrative Hearings (OAH) Administrative Law Judge Karl Engeman discussed the changes in the formal hearing regulations that were substantially amended effective December 1, 2004. Changes in the regulations addressed topics ranging from two-hole punching the tops of briefs submitted to new regulations regarding withdrawal as counsel and requests for security. ALJ Engeman explained that the new provisions for security during hearings will be provided at no cost to the parties and will not entail an evaluation by OAH as to whether or not security is necessary in order to ensure that the administrative law judges do not know which party requested the security and minimize the potential for bias. ALJ Engeman informed the section members that the California Highway Patrol will provide uniformed and wand-bearing officers and that the requests for security be made in a timely fashion and based upon as much information regarding the need for security as possible. In the meantime, CHP officers are currently making random appearances in hearing rooms to desensitize the administrative law judges.

ALJ Engeman noted that one particular change that attorneys should take special note of involves the request for continuances. The revised regulation regarding continuances requires that the parties make reasonable efforts to meet and confer in advance and there is now a sixmonth window for unavailable future dates. Deadlines regarding prehearing conference statements, settlement conference statements, exhibit exchanges, and peremptory challenges have also been amended, so be sure to change your calendar information on your computer systems. A new regulation regarding technical changes to proposed decisions was also created to make sure no ex parte contacts occur. ALJ Engeman thanked those members of the Administrative Law Section who had submitted comments to the various drafts and during the formal APA comment period to make these revised regulations more responsive to current practice.

Mark your calendars for September 28, 2005, when Sacramento Superior Court Judge Lloyd Connelly will discuss his perspectives regarding writs and October 26, 2005, when ALJ Stephen Smith will discuss "How to show my client is rehabilitated". Contact Laurie Zian at laurie_zian@dre.ca.gov to make reservations.

September / October 2005