(a) A person is subject to a contempt sanction for any of the following: (1) disobedience of or resistance to a lawful order;(2) refusal to take the oath or affirmation as a witness;(3) obstruction or interruption of a hearing by: (A) disorderly, contemptuous, or insolent behavior during a hearing toward the board, a board member, or a hearing officer;(B) breach of the peace, boisterous conduct or violent disturbance during a hearing; or(C) other unlawful interference with the process or proceedings;(4) violating the rules against ex parte communication in section 618.1; and(5) failure or refusal, without substantial justification, to comply with an order of the board or hearing officer.(b) The board or hearing officer may certify the facts that justify a contempt sanction to the superior court in the county where the hearing is held.(c) Copies of the following shall be served on the person subject to the contempt sanction: (1) the certified statement required by subsection (b); and(2) the order to show cause issued by the superior court.(d) A contempt proceeding is governed by Code of Civil Procedure, sections 1209- 1222.Cal. Code Regs. Tit. 2, § 618.3
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 Interim regulations expire on 12-31-98 unless earlier amended or repealed.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 11455.10 and 11455.20, Government 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 Interim regulations expire on 12-31-98 unless earlier amended or repealed.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).