Section 5.5104 - Discovery(a) In this Section, "statement" includes written statements by a person, signed or otherwise authenticated by him, stenographic, mechanical, electrical, or other recordings, or transcripts thereof, of oral statements by such person, and written reports or summaries of such oral statements.(b) The provisions of this Section apply to all parties to an adjudicatory hearing and provide the sole and exclusive right to and method of discovery for any party (other than the Commissioner) requesting discovery in an adjudicatory hearing procedure.(c)(1) Any party may serve on any other party a request for discovery of any of the items referred to in Subparagraphs (A) to (C) of Paragraph (2) of this Subdivision (c). A request for discovery shall be in writing, shall specify the matters to be disclosed, and, if made by the Commissioner, shall be signed by him, or if made by any other party, shall be signed by such party or by a person authorized to represent such party in connection with the hearing.(2) Not more than five business days after service of a request for discovery, the party on whom such request for discovery was served shall, to the extent requested in the request for discovery, afford the requesting party an opportunity to inspect and copy any of the following in the possession, custody, or control of the party on whom the request for discovery was served: (A) Any statement pertaining to the subject matter of the proceeding made by any party to another party or person.(B) Statements of witnesses whom the party on whom the request for discovery was served then proposes to call and of other persons having personal knowledge of the acts, omissions, or events which are the basis for the proceedings, not included in (A) above; and(C) All writings which the party on whom the request for discovery was served then proposes to offer in evidence.(d) The Commissioner or the hearing officer may, for good cause, upon application or on his own initiative, order any party to make available to any other party the names and addresses of witnesses to the extent known to the party to whom such order is directed, including, but not limited to, those witnesses intended to be called to testify at the adjudicatory hearing.(e) Nothing in this Section shall authorize the inspection or copying of any writing or thing which is privileged from disclosure by law or otherwise made confidential or protected as an attorney's work product.Cal. Code Regs. Tit. 10, § 5.5104
1. Change without regulatory effect amending section and adding new NOTE filed 8-19-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 34). Note: Authority cited: Sections 215, 4831, 31101 and 33202, Financial Code.
1. Change without regulatory effect amending section and adding new Note filed 8-19-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 34).