Cal. Code Regs. Tit. 2, § 55.2 - Investigatory Hearings
(a)
Failure of any party to proceed at the investigatory hearing shall be deemed a
withdrawal of the action or appeal, unless the investigatory hearing is
continued for good cause.
(b) The
investigatory hearing shall be calendared for no more than 6 hours. Each party
will be allotted a total of 3 hours to be allocated at that party's discretion
for presentation of its case, including examination and cross-examination of
witnesses, presentation of declarations, documentary evidence, and exhibits,
and presentation of arguments. While use of the time allotted is at each
party's discretion, the suggested format for the hearing is as follows: 10
minutes each for opening statements, 120 minutes each to call witnesses and
present declarations, documentary evidence and exhibits, 30 minutes each for
cross-examination of the opposing party's witnesses, and 20 minutes each for
closing arguments. The presiding officer is authorized to conduct a full
evidentiary hearing in an appeal defined in this regulation upon mutual
agreement of the parties or, upon motion by one of the parties, if the
presiding officer finds it in the interest of justice to do so.
(c) The presiding officer has discretion to
ask clarifying questions of the witnesses or the parties either during or at
the conclusion of each party's case-in-chief and has sole discretion to extend
additional time to each of the parties.
(d) The presiding 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
hearing in such a manner as necessary to reach a just and proper decision.
Relevant evidence may be admitted if it is the sort of evidence on which
responsible persons are accustomed to rely in the conduct of serious
affairs.
(e)
Declarations/affidavits made under penalty of perjury shall, at the discretion
of the presiding officer, be admissible even though they are technically
hearsay, and may be relied upon by the presiding officer to make a finding of
fact.
(f) The presiding officer
shall prepare a short-form proposed decision which would be forwarded to the
board within 30 days of the investigatory hearing. The decision shall include
enough information to allow the board to exercise its constitutional authority
to review disciplinary actions, such as (1) introduction; (2) factual
allegations sustained and not sustained, referring to the Notice of Adverse
Action; (3) legal causes, sustained and not sustained, referring to the Notice
of Adverse Action and any other applicable legal authority; (4) penalty
including brief references to any applicable legal authority; and (5) any
finding of fact that the presiding officer decides is necessary to
highlight.
(g) Absent board
rejection of the proposed decision, each case should be opened and closed in no
more than 180 days.
Notes
2. Amendment of subsections (b)-(g) 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, 19570 and 19576, Government Code.
2. Amendment of subsections (b)-(g) filed 4-12-2013; operative 4-12-2013 pursuant to Government Code section 11343.4(b)(3) (Register 2013, No. 15).
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