Cal. Code Regs. Tit. 16, § 1364.30 - Procedures for the Conduct of Oral Arguments
(a) A party who wishes to present oral
argument to the panel of the board that issued an order of nonadoption or
reconsideration shall make a written request for oral argument not later than
twenty (20) calendar days after the date of the notice of nonadoption or the
order granting reconsideration.
(b)
An administrative law judge will preside at oral argument. The administrative
law judge may sit with and assist the panel members with their closed session
deliberations.
(c) The arguments
shall be based only on the existing record and shall not exceed the scope of
the record of duly admitted evidence. No new evidence will be heard. The panel
members may ask questions of the parties to clarify the arguments, but may not
ask questions that would elicit new evidence. The administrative law judge and
any panel member may ask a party to support the party's oral argument on a
matter with a specific citation to the record.
(d) The administrative law judge shall stop
an attorney, a party, or a panel member if the line of questioning or argument
is beyond the record or is otherwise out of order.
(e) The administrative law judge shall offer
the respondent physician an opportunity to address the panel regarding the
penalty. If the respondent elects to address the panel, the administrative law
judge shall place the respondent under oath.
(f) The sequence of, and time limitations on,
oral argument are as follows:
(1) First--the
respondent licensee and/or his or her legal counsel, who shall be limited to
fifteen minutes.
(2) Second--the
deputy attorney general, who shall be limited to fifteen minutes.
(3) Third--the respondent licensee's rebuttal
or that of his or her legal counsel, which shall be limited to five
minutes.
(4) Fourth--the deputy
attorney general, who shall be limited to five minutes.
Notes
2. Editorial correction inserting inadvertently omitted article 8 heading (Register 99, No. 33).
3. Amendment of article heading filed 4-7-2000; operative 5-7-2000 (Register 2000, No. 14).
4. Amendment of subsections (a), (c) and (e) filed 5-7-2008; operative 6-6-2008 (Register 2008, No. 19).
Note: Authority cited: Sections 2018 and 2336, Business and Professions Code. Reference: Section 2336, Business and Professions Code.
2. Editorial correction inserting inadvertently omitted article 8 heading (Register 99, No. 33).
3. Amendment of article heading filed 4-7-2000; operative 5-7-2000 (Register 2000, No. 14).
4. Amendment of subsections (a), (c) and (e) filed 5-7-2008; operative 6-6-2008 (Register 2008, No. 19).
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