Cal/OSHA Appeals Board: motion to disqualify assigned ALJ (at least 5 working days before hearing)
5 court days before scheduled hearing date, under 8 CCR 375.2(b).
Rule text
8 CCR 375.2(b): "A party wishing to object to the assignment of any proceeding to a particular Administrative Law Judge upon any one or more of the grounds specified in Government Code Section 11425.40 shall, at least 5 working days prior to the scheduled hearing, file with the Appeals Board or Administrative Law Judge a motion to disqualify the assigned Administrative Law Judge together with supporting affidavit or declaration."
Calculate this deadline
- Trigger (Scheduled hearing date): Friday, November 6, 2026.
- Count back 5 court days (Saturdays, Sundays, and court holidays are not counted): Friday, October 30, 2026.
8 CCR 375.2(b)
8 CCR 375.2(b): "A party wishing to object to the assignment of any proceeding to a particular Administrative Law Judge upon any one or more of the grounds specified in Government Code Section 11425.40 shall, at least 5 working days prior to the scheduled hearing, file with the Appeals Board or Administrative Law Judge a motion to disqualify the assigned Administrative Law Judge together with supporting affidavit or declaration."Official source
Gov. Code 6800; Gov. Code 6707 (filings with a state agency); CCP 12, 12a, 13; agency rules 8 CCR 10600 (WCAB), 8 CCR 32130 (PERB), 22 CCR 5000 'Holiday' definition (CUIAB)
Gov. Code 6800: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." Gov. Code 6707: "When the last day for filing any instrument or other document with a state agency falls upon a Saturday or holiday, such act may be performed upon the next business day with the same effect as if it had been performed upon the day appointed." 8 CCR 10600: "(a) The time in which any act provided by these rules is to be performed is computed by excluding the first day and including the last. (b) Unless otherwise provided by law, if the last day for exercising or performing any right or duty to act or respond falls on a weekend, or on a holiday for which the offices of the Workers' Compensation Appeals Board are closed, the act or response may be performed or exercised upon the next business day." 8 CCR 32130(a)-(b) (PERB): "(a) In computing any period of time under these regulations, except under Section 32776(c), (d), (e) and (f), the period of time begins to run the day after the act or occurrence referred to. (b) Whenever the last date to file a document falls on Saturday, Sunday, or a holiday, as defined in Government Code Sections 6700 and 6701, or PERB offices are closed, the time period for filing shall be extended to and include the next regular PERB business day. The extension of time provided herein shall be applied subsequent to the application of any other extension of time provided by these regulations or by other applicable law." CCP 12a(a): "If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays."Official source
- Working days backward from the hearing. Working days: 8 CCR 347(ee) defines "Working Day" as any day that is not a Saturday, Sunday or State-recognized holiday under Gov. Code 6700 and 6701 (the broad state holiday list, including Lincoln Day, Lunar New Year, Genocide Remembrance Day, Juneteenth, Admission Day, Native American Day, Columbus Day and Diwali). The engine's state-office holiday list is narrower, so a forward count over one of those extra holidays can come out one day EARLY (conservative); lawyer should confirm.
- If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.
This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.
Worked example
Scheduled hearing date on Monday, March 15, 2027, personal service: due Monday, March 8, 2027.
- Trigger (Scheduled hearing date): Monday, March 15, 2027.
- Count back 5 court days (Saturdays, Sundays, and court holidays are not counted): Monday, March 8, 2027.
Notes
Working days backward from the hearing. Working days: 8 CCR 347(ee) defines "Working Day" as any day that is not a Saturday, Sunday or State-recognized holiday under Gov. Code 6700 and 6701 (the broad state holiday list, including Lincoln Day, Lunar New Year, Genocide Remembrance Day, Juneteenth, Admission Day, Native American Day, Columbus Day and Diwali). The engine's state-office holiday list is narrower, so a forward count over one of those extra holidays can come out one day EARLY (conservative); lawyer should confirm.
Related deadlines
- Cal/OSHA Appeals Board: prehearing motion or request due (20 days before hearing) (20 days before)
- Cal/OSHA Appeals Board: opposition to prehearing motion (10 days after service of motion) (10 days after)
- Cal/OSHA Appeals Board: reply on prehearing motion (5 days before hearing) (5 days before)
- Cal/OSHA Appeals Board: opposition to motion for continuance (immediately, no later than 10 days after service) (10 days after)
- CPUC: response to written motion (15 days after service) (15 days after)
- CPUC: reply to responses to motion, with ALJ permission (10 days after last day for responses) (10 days after)
- ALRB: application for special permission to appeal ruling of executive secretary or ALJ (5 days from ruling) (5 court days after)
- ALRB: response or opposition to application for interim appeal (5 days after filing) (5 court days after)
Rules current as of 2026-10-27. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.