Section 7639 - Hearing Procedure, Evidence and Transcript(a) The hearing officer or panel shall conduct the hearing informally. At the hearing, the resident shall first explain why he or she is entitled to the relief sought in the grievance. Thereafter, the contractor shall sustain the burden of justifying its action or failure to act against which the grievance is directed.(b) Oral or documentary evidence relevant to the facts and issues raised by the grievance may be received without regard to admissibility under judicial rules of evidence, but with appropriate regard to credibility, authenticity, relevance, and materiality.(c) Either party may arrange for a transcript of the hearing at the party's own expense. Any other interested person may purchase a copy of the transcript if the resident who requested the grievance so permits. Alternatively, upon the request of the resident, the hearing may be tape-recorded and the tape recording will be the official record of the hearing and available as set forth herein.(d) Except as otherwise provided by this grievance procedure, or as otherwise provided by agreement of the parties in writing, the hearing procedure, the hearing decision, and enforcement of the decision shall be governed by the California statutes relating to arbitration agreements and awards, Code of Civil Procedure, Section 1280 et seq.Cal. Code Regs. Tit. 25, § 7639
1. Amendment of NOTE filed 2-26-82; effective thirtieth day thereafter (Register 82, No. 9). Note: Authority cited: Section 50710, Health and Safety Code. Reference: Section 50710, Health and Safety Code.
1. Amendment of NOTE filed 2-26-82; effective thirtieth day thereafter (Register 82, No. 9).