Cal. Code Regs. Tit. 22, § 51037 - Conduct of Formal Hearing
(a) Testimony shall be taken only on oath,
affirmation or penalty of perjury.
(b) The proceedings at the formal hearing
shall be electronically recorded.
(c) Each party shall have the right to:
(1) Call and examine parties and
witnesses.
(2) Introduce
exhibits.
(3) Question opposing
witnesses and parties on any matter relevant to the issue even though the
matter was not covered in the direct examination.
(4) Impeach any witness regardless of which
party first called the witness to testify.
(5) Rebut the evidence against
him.
(d) The provider
shall not be called to testify during presentation of the Department's prima
facie case pursuant to subsection (i). A provider who thereafter fails to
testify, in the provider's behalf, may be called and examined by the Department
as if under examination.
(e) The
formal hearing need not be conducted according to technical rules relating to
evidence and witnesses.
(1) Relevant evidence,
including hearsay, shall be admitted if it is the sort of evidence on which
responsible persons are accustomed to rely in the conduct of serious affairs,
regardless of the existence of any common law or statutory rule which might
make improper the admission of such evidence over objection in civil
actions.
(2) Hearsay evidence shall
not be sufficient in itself to support a finding unless it would be admissible
over objection in civil actions.
(3) The rules of privilege shall be effective
to the same extent that they are now or hereafter may be recognized in civil
actions and irrelevant and unduly repetitious evidence shall be
excluded.
(f) The
following additional exception to the "best evidence" rule (Evidence Code
Section
1500)
applies:
(1) A duplicate is admissible to the
same extent as an original unless:
(A) A
genuine question is raised as to the authenticity of the original or the
duplicate.
(B) It would be unfair
to admit the duplicate in lieu of the original.
(g) A hearing officer may question any party
or witness and may admit any relevant and material evidence.
(h) The hearing officer shall control the
taking of evidence in a manner best suited to ascertain the facts ad safeguard
the rights of the parties. Prior to taking evidence, the hearing officer shall
set forth the order in which evidence will be received.
(i) The Department shall present its audit
findings and evidence first at the hearing. The Department has the burden of
proof of demonstrating, by a preponderance of the evidence, that the audit
findings were correctly made. Once the Department has presented such a prima
facie case, the burden of proof shifts to the provider to demonstrate, by a
preponderance of the evidence, that the provider's position regarding disputed
issues is correct.
(j) The burden
of producing evidence as to a particular fact is on the party against whom a
finding on that fact would be required in the absence of further
evidence.
(k) The hearing shall be
conducted in the English language. The proponent of any testimony to be offered
by a witness who does not speak the English language proficiently shall provide
an interpreter, approved by the hearing officer, proficient in the English
language and the language in which the witness will testify, to serve as
interpreter during the hearing. The cost of the interpreter shall be paid by
the party providing the interpreter.
Notes
Note: Authority cited: Sections 14105, 14124.5, and 14171, Welfare and Institutions Code. Reference: Section 14171, Welfare and Institutions Code.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.