Section 1187.6 - Conduct of Hearing(a) Each party shall have the right to present witnesses, to introduce exhibits, and to propose to the chairperson questions for opposing witnesses in support or rebuttal of any matter relevant to the issues even if that matter was not covered in the direct examination. The Commission chair or hearing officer, however, may limit the length of testimony to a specific amount of time, or limit the time for each party or witness.(b) The presiding member, Commission members, hearing panel member or hearing officer may question any party or witness and may admit any relevant and material evidence.(c) The taking of evidence in a hearing shall be controlled by the Commission or hearing officer in the manner best suited to ascertain the facts and safeguard the rights of the parties. Prior to taking evidence, the issues and the order of presenting evidence will be explained.(d) The hearing will ordinarily proceed in the following manner. Commission staff will summarize the matter. The claimant or requester and aligned parties and interested parties will state their positions and present evidence. Opposing parties or interested parties will thereafter state their positions and present evidence. The claimant or requester will then be given an opportunity to reply.(e) The Commission or hearing officer may call a party, or any other person who is present, to testify under oath or affirmation. Any member of the Commission, its executive director, or hearing officer may question witnesses.(f) The Commission or the executive director may require that prepared written testimony or other evidence be filed in advance of any hearing to facilitate the orderly consideration of issues at the hearing.(g) Commission public hearings shall be recorded by stenographic reporter or electronic recording or both. The transcript or recordings shall be kept for the period of time required by applicable law governing the retention of records of state agency public proceedings, or until the conclusion of administrative or judicial proceedings, whichever is later.Cal. Code Regs. Tit. 2, § 1187.6
1. New subsections (f)-(f)(3) and subsection relettering and repealer and new NOTE filed 7-23-96; operative 7-23-96. Submitted to OAL for printing only (Register 96, No. 30).
2. Repealer and new section filed 5-19-2014; operative 7-1-2014 pursuant to Government Code section 11343.4(a)(3). Exempt from OAL review and submitted to OAL for printing only pursuant to Government Code section 17527 (Register 2014, No. 21).
3. Amendment of NOTE filed 9-24-2015; operative 10-1-2015 pursuant to Government Code section 11343.4(b)(3). Exempt from OAL review and submitted to OAL for filing and printing only pursuant to Government Code section 17527(g) (Register 2015, No. 39).
4. Amendment of subsections (a), (d) and (f)-(g) and amendment of NOTE filed 1-23-2020; operative 4-1-2020 (Register 2020, No. 4). Note: Authority cited: Sections 17527(g) and 17553(a), Government Code. Reference: Sections 11125.7, 17527(c), 17532, 17551 and 17553(a), Government Code.
1. New subsections (f)-(f)(3) and subsection relettering and repealer and new Note filed 7-23-96; operative 7-23-96. Submitted to OAL for printing only (Register 96, No. 30).
2. Repealer and new section filed 5-19-2014; operative 7/1/2014 pursuant to Government Code section 11343.4(a)(3). Exempt from OAL review and submitted to OAL for printing only pursuant to Government Code section 17527 (Register 2014, No. 21).
3. Amendment of Note filed 9-24-2015; operative 10/1/2015 pursuant to Government Code section 11343.4(b)(3). Exempt from OAL review and submitted to OAL for filing and printing only pursuant to Government Code section 17527(g) (Register 2015, No. 39).
4. Amendment of subsections (a), (d) and (f)-(g) and amendment of Note filed 1-23-2020; operative 4/1/2020 (Register 2020, No. 4).