Section 115.10 - Hearings(a) Hearings may be conducted in-person or virtually by telephone, videoconference or other electronic means.(1) Any hearing conducted all or in part virtually by telephone, videoconference, or other electronic means must be sufficiently audible that it can be clearly recorded and made part of the official record of the hearing. The hearing officer will grant a continuance of the hearing if at any time the audibility is such that it cannot be clearly recorded.(2) If a hearing is held virtually by telephone, videoconference, or other electronic means, each party shall ensure that all witnesses called by that party: (A) Have access to appropriate equipment to participate in the hearing,(B) Have all information necessary to log in, connect, or otherwise participate in the hearing, including, web links, passwords, or telephone numbers,(C) Have in their possession a copy of all exhibits and discovery. Exhibits and discovery shall be provided to the witness ten or more business days before the date set for the commencement of the hearing.(D) Failure to follow the provisions of this section shall result in exclusion of the evidence and/or witness.(b) A party may object to all or part of a hearing being held virtually by telephone, videoconference, or other electronic means. (1) Any objection to conducting all or part of a hearing held virtually by telephone, videoconference, or other electronic means must be made at the time the hearing is requested or scheduled.(2) No objection to conducting all or part of a hearing by telephone, videoconference, or other electronic means shall be granted absent a showing of facts demonstrating the following: (A) Actual prejudice arising from holding the hearing virtually by telephone, videoconference, or other electronic means; and(B) No reasonable actions could be taken to avoid the prejudice.(3) The hearing officer may grant or deny the objection or may, in their discretion, deny the objection and make such orders or structure the hearing to address the specific issues or prejudice raised by the objection.Cal. Code Regs. Tit. 13, § 115.10
Note: Authority cited: Section 1651, Vehicle Code; and Section 11400.20, Government Code. Reference: Sections 13558, 16070 and 16075, and Article 3 (commencing with Section 14100) of Chapter 3 of Division 6, Vehicle Code; and Section 11440.30, Government Code.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 14104, 14104.2 and 14112, Vehicle Code.
1. New section filed 8-3-2000; operative 9-2-2000 (Register 2000, No. 31).
2. Renumbering of former section 115.10 to new section 115.15 and renumbering of former section 115.07 to section 115.10, including amendment of section heading and section, filed 6-27-2024; operative 7/1/2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 26).