Certificated employee dismissal (44934 track): hearing completed and record closed within 7 months of demand
7 months after date of the employee's demand for a hearing, under Cal. Educ. Code 44944(b)(1)(A), (B).
Rule text
The hearing shall be completed by a closing of the record within seven months of the date of the employee's demand for a hearing. A continuance shall not extend the date for the close of the record more than seven months from the date of the employee's request for a hearing, except for good cause, as determined by the administrative law judge.
Calculate this deadline
- Trigger (Date of the employee's demand for a hearing): Friday, November 6, 2026.
- Add 7 months: Sunday, June 6, 2027.
- That day is a Sunday, so the deadline moves to the next court day: Monday, June 7, 2027 (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)).
Cal. Educ. Code 44944(b)(1)(A), (B)
The hearing shall be completed by a closing of the record within seven months of the date of the employee's demand for a hearing. A continuance shall not extend the date for the close of the record more than seven months from the date of the employee's request for a hearing, except for good cause, as determined by the administrative law judge.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
- 44934 proceedings (most causes) follow 44944/44944.05; 44934.1 proceedings (egregious misconduct, 44932(a)(1)) follow 44944.1. Confirm which track applies. Proceedings are under the APA (Gov. Code 11500 et seq.) except as modified, so APA rules already in the dataset (oah_*) may also apply. Extended by any extraordinary-circumstances continuance of the commencement date and by (B) extensions.
- 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
Date of the employee's demand for a hearing on Monday, March 15, 2027, personal service: due Friday, October 15, 2027.
- Trigger (Date of the employee's demand for a hearing): Monday, March 15, 2027.
- Add 7 months: Friday, October 15, 2027.
Notes
44934 proceedings (most causes) follow 44944/44944.05; 44934.1 proceedings (egregious misconduct, 44932(a)(1)) follow 44944.1. Confirm which track applies. Proceedings are under the APA (Gov. Code 11500 et seq.) except as modified, so APA rules already in the dataset (oah_*) may also apply. Extended by any extraordinary-circumstances continuance of the commencement date and by (B) extensions.
Related deadlines
- Certificated employee dismissal/suspension: demand for hearing (with notice of defense) before the 30-day period after service of notice expires (30 days after)
- Certificated employee dismissal: charges may be amended less than 90 days before hearing only on good cause (90 days before)
- Certificated employee: written notice of unprofessional conduct at least 45 calendar days before charges are filed (45 days before)
- Certificated employee: written notice of unsatisfactory performance at least 90 calendar days before charges are filed (90 days before)
- Certificated employee dismissal (44934 track): hearing commenced within 6 months of demand for hearing (6 months after)
- Commission on Professional Competence: parties select members and serve notice at least 45 days before hearing (45 days before)
- Commission on Professional Competence: objection to a selected member within 10 days of filing of notice of selection (10 days after)
- Teacher dismissal (44934 track): initial disclosures within 45 days of demand for hearing (45 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.