All virtual events scheduled with the Office of Administrative Hearings will be proceeding as scheduled, unless ordered otherwise in a particular case.
On May 8, 2020, Governor Gavin Newsom issued Executive Order N-63-20. Paragraph 11 of that Executive Order provides:
11) Any statute or regulation that permits a party or witness to participate in a hearing in person, a member of the public to be physically present at the place where a presiding officer conducts a hearing, or a party to object to a presiding officer conducting all or part of a hearing by telephone, television, or other electronic means, is suspended, provided that all of the following requirements are satisfied:
a) Each participant in the hearing has an opportunity to participate in and to hear the entire proceeding while it is taking place and to observe exhibits;
b) A member of the public who is otherwise entitled to observe the hearing may observe the hearing using electronic means; and
c) The presiding officer satisfies all requirements of the Americans with Disabilities Act and Unruh Civil Rights Act.
Alert-Impact of COVID-19 on General Jurisdiction Division
Effective immediately, in response to the pandemic caused by the coronavirus and declared local, state, and federal emergency orders, the following will apply concerning cases in the General Jurisdiction Division of the Office of Administrative Hearings (OAH).
Absent extraordinary circumstances, until further notice, all hearing rooms at OAH facilities are closed and no in-person hearings will take place unless specifically ordered by OAH.
Absent further order or notice from OAH, all presently scheduled hearings, pre-hearing conferences, settlement conferences, mediations, and other calendared events will remain on calendar.
OAH will implement technology, when possible, to permit hearings, pre-hearing conferences, settlement conferences, and mediations to be conducted by telephone or by video conference. Any party may file a request with OAH to convert a currently calendared event to telephone or video conference. OAH encourages the parties to meet and confer and attempt to stipulate to telephone or video conference events, and to notify OAH. OAH will notify parties in writing that a scheduled event will proceed by telephone or video conference.
Hearings and other events may be held in-person if: (1) an Administrative Law Judge determines there is a critical need for an in-person event; and (2) the proceeding can be conducted while providing sufficient social distancing and other public health protections to comply with state and local government public health guidelines.
Hearings on Interim and Temporary Suspension Orders will be held by telephone, with any exhibits filed electronically via OAH’s Secure e-File system.
Department of Corrections KEYHEA program hearings will be held by telephone. Department of State Hospitals hearings will be held by telephone or video conference.