OTA: irrevocable election to participate in Small Case Program (21 days from OTA acknowledgment of agency opening brief)

21 days after ota mails acknowledgment of receipt of the ftb or cdtfa opening brief and confirmation of small case eligibility, under Cal. Code Regs., tit. 18, 30209.1(f).

Rule text

18 CCR 30209(f): "An election to participate in the Small Case Program shall be irrevocable by the party making the election and shall be made within twenty-one (21) calendar days of the date that OTA mails to appellant acknowledgment of OTA’s receipt of the opening brief of FTB or CDTFA, as applicable, and confirmation of eligibility of the appeal for the Small Case Program, which shall be in the form and manner as prescribed by OTA."

Cal. Code Regs., tit. 18, 30209.1(f), official source

Calculate this deadline

Deadline
Friday, November 27, 2026
  1. Trigger (OTA mails acknowledgment of receipt of the FTB or CDTFA opening brief and confirmation of Small Case eligibility): Friday, November 6, 2026.
  2. Exclude the trigger day and count 21 calendar days: Friday, November 27, 2026.
Rules applied
Cal. Code Regs., tit. 18, 30209.1(f)
18 CCR 30209(f): "An election to participate in the Small Case Program shall be irrevocable by the party making the election and shall be made within twenty-one (21) calendar days of the date that OTA mails to appellant acknowledgment of OTA’s receipt of the opening brief of FTB or CDTFA, as applicable, and confirmation of eligibility of the appeal for the Small Case Program, which shall be in the form and manner as prescribed by OTA."
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
  • FTB personal income tax appeals: under $5,000 per tax year; CDTFA appeals: under $50,000 per calendar year AND gross receipts under $20,000,000 per federal income tax year (30209.1(a)); plus the exclusions in 30209.1(e). Quote taken from OTA's published rules PDF (effective June 30, 2023); the Westlaw text of 30209 was not separately compared. Only for eligible appeals (amount in dispute under $5,000 per year).
  • 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

OTA mails acknowledgment of receipt of the FTB or CDTFA opening brief and confirmation of Small Case eligibility on Monday, March 15, 2027, personal service: due Monday, April 5, 2027.

  1. Trigger (OTA mails acknowledgment of receipt of the FTB or CDTFA opening brief and confirmation of Small Case eligibility): Monday, March 15, 2027.
  2. Exclude the trigger day and count 21 calendar days: Monday, April 5, 2027.

Unsettled points

  • Only days that are state holidays under both Gov. Code 6700 and Gov. Code 19853 extend this deadline, so a deadline on Friday, November 27, 2026 (the day after Thanksgiving, a holiday only under 19853) stays on November 27.Other reading: If the day after Thanksgiving counts as a California State holiday because state offices, including OTA, are closed that day (Gov. Code 19853), a November 27, 2026 deadline moves to Monday, November 30.

Notes

FTB personal income tax appeals: under $5,000 per tax year; CDTFA appeals: under $50,000 per calendar year AND gross receipts under $20,000,000 per federal income tax year (30209.1(a)); plus the exclusions in 30209.1(e). Quote taken from OTA's published rules PDF (effective June 30, 2023); the Westlaw text of 30209 was not separately compared. Only for eligible appeals (amount in dispute under $5,000 per year).

Related deadlines

All California agencies deadlines

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.