Cal. Code Regs. Tit. 2, § 55.1 - Investigative Review
(a)
For those appeals assigned to review by an Investigative Officer pursuant to
section 53.2, the Investigative Officer
shall have the authority to interview witnesses, administer oaths, subpoena and
require the attendance of witnesses and the production of books or papers. The
Investigating Officer shall also have the authority to take official notice of
those matters specified in section
11515 of
the Government Code.
(b) No hearing
shall be conducted concerning those appeals assigned to investigative review.
No party to the appeal shall be authorized to conduct discovery concerning
those issues subject to investigative review. No party to the appeal shall be
authorized to call and examine witnesses as part of the investigative review.
The investigative review shall be based upon any documentary or other
information deemed relevant by the Investigative Officer.
(c) The Investigative 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 investigatory
review 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.
(d)
Declarations/affidavits made under penalty of perjury will be admissible even
though they are technically hearsay, and may be relied upon by the
Investigative Officer to make a finding of fact.
(e) Upon conclusion of the Investigatory
Review, the Executive Officer, or his or her designee shall either:
(1) Present a recommended decision to the
Board, or
(2) Render a
decision.
Notes
2. Change without regulatory effect redesignating former subarticle 5 as new article 5 filed 9-7-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 37).
Note: Authority cited: 18701, Government Code. Reference: Section 18675, Government Code.
2. Change without regulatory effect redesignating former subarticle 5 as new article 5 filed 9-7-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 37).
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