Section 5102 - New or Additional Evidence(a) A party who files a board appeal, also known as a board appellant, has the right to file an application to present new or additional evidence. Except as otherwise provided in this rule or specified by the agency, the application shall be filed and served at the same time the board appeal is filed. If the agency extends the time to file a board appeal, the time to file and serve the application shall also be extended to the same date the board appeal is filed.(b) A party who responds to a board appeal, also known as a board respondent, may file and serve an application to present new or additional evidence only if authorized by the agency. Prior to the board modifying or reversing the results of an administrative law judge's decision or order, the agency shall notify a board respondent that it is authorized to make an application to present new or additional evidence. If authorized, the board respondent shall file and serve the application within 12 days after the agency sends notice, or within such other time as the agency may specify.(c) Notwithstanding (b) above, the board may correct a clerical error in a decision or order of an administrative law judge, or set aside the order or decision, without authorizing a board respondent to file an application to present new or additional evidence.(d) An application to present new or additional evidence shall state the nature of the evidence, the materiality of such evidence, and the reasons why such evidence was not introduced at the hearing before the administrative law judge. If the new or additional evidence is documentary in nature, the applicant shall attach the evidence to the application. No such evidence shall be considered by the board unless the board admits it.(e) Whenever the board on its own motion or upon the application of a party grants the taking of new or additional evidence, the matter may be remanded to an administrative law judge for that purpose. The issues at such hearing shall be limited to those issues designated by the board.(f) However, if the matter is not remanded and only documentary evidence is to be admitted, the agency shall serve the evidence and give each party 10 days thereafter to file and serve a response to it.Cal. Code Regs. Tit. 22, § 5102
1. Amendment filed 7-21-78; effective thirtieth day thereafter (Register 78, No. 29).
2. Amendment of section and new NOTE filed 5-30-97; operative 7-1-97. Interim procedural regulations submitted to OAL for printing only pursuant to Government Code section 11400.21 (Register 97, No. 22).
3. Repealer of former section 5102 and renumbering of former section 5109 to section 5102, including amendment of section and NOTE, filed 2-4-99; operative 3-6-99 (Register 99, No. 6).
4. Amendment of subsection (b) filed 10-7-2002; operative 11-6-2002 (Register 2002, No. 41).
5. Amendment of subsection (a), new subsections (b) and (c) and subsection relettering filed 5-12-2010; operative 6-11-2010 (Register 2010, No. 20). Note: Authority cited: Section 11400.20, Government Code; and Section 411, Unemployment Insurance Code. Reference: Sections 1951, 2712 and 3262, Unemployment Insurance Code.
1. Amendment filed 7-21-78; effective thirtieth day thereafter (Register 78, No. 29).
2. Amendment of section and new Note filed 5-30-97; operative 7-1-97. Interim procedural regulations submitted to OAL for printing only pursuant to Government Code section 11400.21 (Register 97, No. 22).
3. Repealer of former section 5102 and renumbering of former section 5109 to section 5102, including amendment of section and Note, filed 2-4-99; operative 3-6-99 (Register 99, No. 6).
4. Amendment of subsection (b) filed 10-7-2002; operative 11-6-2002 (Register 2002, No. 41).
5. Amendment of subsection (a), new subsections (b) and (c) and subsection relettering filed 5-12-2010; operative 6-11-2010 (Register 2010, No. 20).