Section 1399.730 - Procedures for the Conduct of Oral Arguments(a) A party who wishes to present oral argument to the board after an order of nonadoption or reconsideration shall make a written request for oral argument to the board not later than twenty (20) calendar days after the date of the notice of nonadoption or the order granting reconsideration.(b) An administrative law judge will preside at oral argument. The administrative law judge may sit with and assist the board with its closed session deliberations.(c) The arguments shall be based only on the existing record and shall not exceed the scope of the record of duly admitted evidence. No new evidence will be heard. The board members may ask questions of the parties to clarify the arguments, but may not ask questions that would elicit new evidence. The administrative law judge and any board member may ask a party to support the party's oral argument on a matter with a specific citation to the record.(d) The administrative law judge shall stop an attorney, a party, or a board member if the line of questioning or argument is beyond the records or is otherwise out of order.(e) The administrative law judge shall offer the respondent doctor of podiatric medicine an opportunity to address the board regarding the penalty. If the respondent elects to address the board, the administrative law judge shall place the respondent under oath.(f) The sequence of, and the time limitations on, oral argument are as follows: (1) First -- the respondent party and/or respondent's legal counsel, who shall be limited to fifteen minutes.(2) Second -- the deputy attorney general, who shall be limited to fifteen minutes.(3) Third -- the respondent party's rebuttal or that of respondent's legal counsel, which shall be limited to five minutes(4) Fourth -- the deputy attorney general who shall be limited to five minutes.Cal. Code Regs. Tit. 16, § 1399.730
1. New article 13 (sections 1399.730-1399.732) and section filed 8-22-2017; operative 10-1-2017 (Register 2017, No. 34). Note: Authority cited: Sections 2336 and 2470, Business and Professions Code. Reference: Section 2336, Business and Professions Code; and Section 11517, Government Code.
1. New article 13 (sections 1399.730-1399.732) and section filed 8-22-2017; operative 10/1/2017 (Register 2017, No. 34).