Cal. Code Regs. tit. 2 § 55.1

Current through Register 2024 Notice Reg. No. 50, December 13, 2024

Section 55.1 - Investigative Review

(a) For those appeals assigned to review by an Investigative Officer pursuant to section 53.2, the Investigative Officer shall have the authority to interview witnesses, administer oaths, subpoena and require the attendance of witnesses and the production of books or papers. The Investigating Officer shall also have the authority to take official notice of those matters specified in section 11515 of the Government Code.

(b) No hearing shall be conducted concerning those appeals assigned to investigative review. No party to the appeal shall be authorized to conduct discovery concerning those issues subject to investigative review. No party to the appeal shall be authorized to call and examine witnesses as part of the investigative review. The investigative review shall be based upon any documentary or other information deemed relevant by the Investigative Officer.

(c) The Investigative Officer is not bound by common law/statutory rules of evidence or by technical or formal rules of procedure, except as set forth herein, but shall conduct the investigatory review in such a manner as necessary to reach a just and proper decision. Relevant evidence will be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs.

(d) Declarations/affidavits made under penalty of perjury will be admissible even though they are technically hearsay, and may be relied upon by the Investigative Officer to make a finding of fact.

(e) Upon conclusion of the Investigatory Review, the Executive Officer, or his or her designee shall either:

(1) Present a recommended decision to the Board, or

(2) Render a decision.

Cal. Code Regs. Tit. 2, § 55.1

1. New subarticle 5 (sections 55.1-55.2) and section filed 8-18-2010; operative 8-18-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 34).
2. Change without regulatory effect redesignating former subarticle 5 as new article 5 filed 9-7-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 37).

Note: Authority cited: 18701, Government Code. Reference: Section 18675, Government Code.