Section 617.5 - Informal Hearing(a) A party may object to having an informal hearing in writing within five days of receiving the hearing notice.(b) The Executive Officer or hearing officer shall rule on an objection to an informal hearing before evidence is taken at a hearing.(c) An objection to an informal hearing shall include:(1) the specific facts and law upon which the objection is based; and(2) specific facts and law relevant to the factors contained in subsection (f).(d) An objection to an informal hearing that is limited to written materials shall include the following, to the extent relevant to the basis for the objection, or as required by the Executive Officer or hearing officer:(1) the identity of the witnesses that the party wishes to present;(2) a summary of the testimony that is anticipated from each witness; and(3) the issues to which each witness will testify.(e) An objection to an informal hearing that requests an opportunity to cross examine witnesses shall identify:(1) the witnesses that the party wishes to cross examine; and(2) the issues that the party wishes to explore during cross examination of each witness.(f) If confidential facts or sources are relevant to the information required under subsections (d) or (e), a party shall:(1) state that confidential facts or sources are involved; and(2) provide information that can be given without disclosing the confidential facts or sources.(g) The Executive Officer or hearing officer shall consider the following factors when ruling on an objection to an informal hearing: (1) complexity of legal or factual issues;(2) necessity to evaluate credibility of witnesses for a proper determination of issues;(3) parties' representation by legal counsel;(4) necessity of witnesses being subject to cross examination for the proper determination of issues; and(5) any other factor likely to affect a just and proper determination of issues.(h) If the objection to an informal hearing is sustained, the Executive Officer or hearing officer may permit: (1) testimony from parties;(2) testimony from witnesses who are not parties; or(3) cross examination of witnesses.(i) If the Executive Officer sustains an objection to an informal hearing over which the board was to preside, the Executive Officer shall assign the hearing to a hearing officer.Cal. Code Regs. Tit. 2, § 617.5
1. New section filed 10-8-97 as an interim regulation pursuant to Government Code section 11400.20; operative 10-8-97 (Register 97, No. 41). Interim regulations expire on 12-31-98 unless earlier amended or repealed.
2. Interim regulation transmitted to OAL 12-31-98 as permanent rulemaking with amendments and filed 2-17-99; operative 2-17-99 pursuant to Government Code section 11400.20 (Register 99, No. 8).
3. Editorial correction repealing erroneous HISTORY 2 and renumbering and amending former HISTORY 3 to HISTORY 2 (Register 99, No. 12). Note: Authority cited: Sections 11400.20, 13920, 13968(a) and 13974, Government Code; and Section 4906, Penal Code. Reference: Sections 11445.20(c), 11445.30, 11445.40, 11445.50, 11445.60 and 11470.10, Government Code; and Sections 10306 and 12102(h), Public Contract Code.
1. New section filed 10-8-97 as an interim regulation pursuant to Government Code section 11400.20; operative 10-8-97 (Register 97, No. 41). Interim regulations expire on 12-31-98 unless earlier amended or repealed.
2. Interim regulation transmitted to OAL 12-31-98 as permanent rulemaking with amendments and filed 2-17-99; operative 2-17-99 pursuant to Government Code section 11400.20 (Register 99, No. 8).
3. Editorial correction repealing erroneous History 2 and renumbering and amending former History 3 to History 2 (Register 99, No. 12).