Cal. Code Regs. Tit. 2, § 54.1 - Informal Hearing Process

(a) For those appeals assigned to hearing before a hearing officer, the hearing officer shall have the authority to administer oaths, subpoena and require the attendance of witnesses and the production of books or papers. The hearing officer shall have the sole discretion to determine whether the parties to the hearing shall have the authority to call and examine witnesses. The hearing officer shall have the authority to take official notice of those matters specified in Government Code section 11515, in accordance with the provisions of that section.

(b) Failure of any party to proceed at hearings presided over by a hearing officer shall be deemed a withdrawal of the action or appeal unless the hearing is continued for good cause.

(c) The provisions of section 59.2 and 59.3 shall apply to hearings conducted by hearing officers except that all motions or petitions filed with the Appeals Division pursuant to those regulations shall be directed to the attention of the Chief ALJ and not the hearing officer.

(d) The hearing shall be calendared for no more than 2 hours, except for Whistleblower Retaliation hearings which will be calendared for no more than 4 hours.

(e) The hearing officer may question the parties and the parties' witnesses and extend additional time to each of the parties.

(f) The hearing officer is not bound by common law/statutory rules of evidence or by technical or formal rules of procedure, except as set forth herein, but shall conduct the hearing in such a manner as necessary to reach a just and proper decision. Relevant evidence will be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs.

(g) Declarations/affidavits made under penalty of perjury will be admissible even though they are technically hearsay, and may be relied upon by the hearing officer to make a finding of fact.

(h) The hearing officer shall prepare a proposed decision which will be forwarded to the board.

Notes

Cal. Code Regs. Tit. 2, § 54.1

1. New subarticle 4 (section 54.1) and section filed 8-18-2010; operative 8-18-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 34).
2. Change without regulatory effect redesignating former subarticle 4 as new article 4 filed 9-7-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 37).
3. Amendment filed 4-12-2013; operative 4-12-2013 pursuant to Government Code section 11343.4(b)(3) (Register 2013, No. 15).

Note: Authority cited: Section 18701, Government Code. Reference: Sections 18675 and 19570, Government Code.

1. New subarticle 4 (section 54.1) and section filed 8-18-2010; operative 8-18-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 34).
2. Change without regulatory effect redesignating former subarticle 4 as new article 4 filed 9-7-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 37).
3. Amendment filed 4-12-2013; operative 4-12-2013 pursuant to Government Code section 11343.4(b)(3) (Register 2013, No. 15).