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

Cal. Code Regs. Tit. 2, § 55.2

1. Renumbering of former section 52.6 to new section 55.2, including amendment of section heading, section and NOTE, filed 8-18-2010; operative 8-18-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 34).
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.

1. Renumbering of former section 52.6 to new section 55.2, including amendment of section heading, section and Note, filed 8-18-2010; operative 8-18-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 34).
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).