Section 5.5109 - Evidence(a) Oral evidence shall be taken a an adjudicatory hearing only on oath or affirmation.(b) Subject to the provisions of Section 5.5108 this Chapter, each party shall have these rights at an adjudicatory hearing: To present evidence relevant to the issues; to cross-examine opposing witnesses on any matter relevant to the issues even though such matter was not covered in the direct examination; to impeach any witness regardless of which party first called him to testify; and to rebut the evidence against him. If a respondent does not testify on his own behalf, he may be called and examined as if under cross-examination.(c) An adjudicatory hearing need not be conducted according to technical rules relating to evidence and witnesses. Any 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. 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 or unduly repetitious evidence shall be excluded.(d) Official notice may be taken of any generally accepted technical or scientific matter with the Commissioner's special field of competency or of any fact which may be judicially noticed by the courts of the State of California.Cal. Code Regs. Tit. 10, § 5.5109
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).