1. (a) For the purpose of this section, a “Notice of Defense” is a written document submitted by a respondent in response to a section 17063.3 pleading, which requests a hearing and outlines the defenses, objections, or arguments the respondent intends to raise.

2. (b) Within 15 days of being served with a section 17063.3 pleading, the respondent may request a hearing by filing a Notice of Defense with the Department at the address specified in the pleading.

   1. (1) A Notice of Defense is deemed to be filed if it is postmarked within the 15-day period after service of the statement of issues or statement of charges. An electronically served Notice of Defense is deemed to be filed on the date emailed. The right to an informal hearing is waived if the respondent does not return the Notice of Defense within the 15-day period.
   2. (2) The Notice of Defense shall identify the basis for the hearing request, disclose whether the respondent has admissions, objections, or defenses to the pleading's allegations, and provide contact information for the respondent and any representative. The respondent shall sign the Notice of Defense, certifying or declaring that the information provided is true and correct to the best of their knowledge.
3. (c) After filing a Notice of Defense, the respondent shall keep the CHO and all other parties informed of the respondent's current contact information for purposes of service until the decision issues. Any changes to a respondent's contact information for service shall be reported to the CHO within seven days of the change.
4. (d) Once the Department receives the Notice of Defense, it shall file a request to set a hearing with the CHO within five business days.
5. (e) A hearing requested by the party shall be scheduled to begin within 90 days after the Department receives the Notice of Defense. This subdivision may be waived by a stipulation of all the parties and does not apply where there is good cause to continue a hearing beyond 90 days.

6. (f) After the CHO receives the Notice of Defense, it shall assign a hearing officer to preside over the case. After assignment, the CHO shall issue a Notice of Hearing to the parties. The Notice of Hearing shall contain all of the following information:

   1. (1) The name of the assigned hearing officer.
   2. (2) Date and time of the hearing, and location if the hearing is in-person.
   3. (3) The CHO's contact information, including the applicable telephone number.
   4. (4) The respondent's right to representation at their own expense.
   5. (5) The right to present relevant evidence and cross-examine witnesses testifying against the respondent.
   6. (6) The right to seek language assistance and disability accommodations.
   7. (7) Information about how to file documents with the CHO as described in section 17063.10.
7. (g) The Notice of Hearing or Notice of Continued Hearing shall be served at least 10 days before the hearing unless waived by the party receiving notice. A Notice of Hearing or Notice of Continued Hearing served in accordance with section 17063.12 shall be considered effective if served at the address last provided by the party to the CHO, even if delivery is refused or if the notice is not accepted at that address.

Note: Authority cited: Section 11400.20, Government Code; and Sections 14536 and 40502, Public Resources Code. Reference: Section 11400.20, Government Code.

History

1. New section filed 5-12-2026; operative 7-1-2026 (Register 2026, No. 20).