Cal. Code Regs. Tit. 22, § 51040 - Evidence
(a) In
Non-institutional provider cases, notwithstanding any other provision of these
regulations, and unless otherwise ordered by the assigned Administrative Law
Judge, the parties shall:
(1) Not less than
ten (10) calendar days prior to the pretrial conference, file a list of all
documents and other items to be offered into evidence at the formal hearing,
except for impeachment or rebuttal, with a brief statement following each
document describing its substance or purpose and the identity of the sponsoring
witness.
(2) Not less than seven
(7) calendar days prior to the date on which the formal hearing is scheduled to
commence, exchange copies of all documents and other items to be offered into
evidence at the formal hearing other than for impeachment or rebuttal. Each
proposed exhibit shall be premarked for identification.
(3) Prior to the commencement of the formal
hearing, any party proposing to object to the receipt in evidence of any
proposed exhibit shall advise the opposing party of such objection. The parties
shall confer with respect to any objections in advance of the formal hearing
and attempt to resolve them. Failure to comply with the requirements of (1) or
(2) above shall constitute a ground for objection to the introduction of
undisclosed documents and other items, into evidence other than for impeachment
or rebuttal.
(b) In all
cases, the hearing officer, in order to obtain additional evidence necessary
for the proper determination of the case, may:
(1) Continue the formal hearing and hold the
record open for either party to produce additional evidence.
(2) Close the hearing and hold the record
open in order to permit the introduction of additional documentary evidence.
Any material submitted after the close of the formal hearing shall be made
available to both parties and each party shall have the opportunity for
rebuttal.
(3) Order a further
formal hearing if the nature of the additional evidence or the refutation
thereof makes a further hearing desirable.
Notes
Note: Authority cited: Sections 14105, 14124.5 and 14171, Welfare and Institutions Code. Reference: Section 14171, Welfare and Institutions Code.
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