California, United States of America
The following excerpt is from Humes v. Margil Ventures, Inc., 174 Cal.App.3d 486, 220 Cal.Rptr. 186 (Cal. App. 1985):
The powers of an arbitrator, which are shared by the Labor Commissioner (Robinson v. Superior Court, supra, 35 Cal.2d 379, 387, 218 P.2d 10), include the power to postpone a hearing on the request of a party, for good cause, or upon his own determination. (Code Civ.Proc., 1282.2, subd. (b).) Appellant requested a postponement until he could attend the hearing; his total inability to attend on the scheduled date because of his incarceration may well have satisfied the "good cause" requirement of the statute. Yet the hearing officer made no response to this request and held the hearing on the scheduled date in appellant's absence and with no one appearing on appellant's behalf, thereby denying appellant his opportunity to be heard, to present evidence, and to cross-examine witnesses. It was not surprising that the determination of the hearing officer under these circumstances was completely adverse to appellant.
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