Cal. Code Regs. tit. 27 § 28025

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 28025 - Evidence

(a) Oral evidence shall be taken only on oath or affirmation administered by one of the arbitrators.

(b) Each party has the right to:

(1) present evidence relevant to the issues including, but not limited to, evidence by way of declaration under oath or affidavit;

(2) cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination;

(3) impeach any witness regardless of which party first called the witness to testify; and,

(4) rebut evidence. Any party of record, or person identified with such party may be called and examined as if under cross-examination by any adverse party as provided in Evidence Code section 776.

(c) The hearing need not be conducted according to technical rules relating to evidence and procedure although it may be by stipulation. Any relevant evidence, including hearsay, shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely on in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions. However, such evidence shall be subject to the exclusions of Evidence Code sections 1151, 1152, and 1154. The rules of privilege shall be effective to the same extent as in civil actions. Irrelevant and unduly repetitious evidence shall be excluded.

(d) Notwithstanding the best evidence rule (Evidence Code section 1500), copies of any document are admissible unless a genuine question is raised as to authenticity.

(e) Failure to furnish sufficient legible copies of exhibits may be grounds for exclusion of the exhibits.

(f) Arbitrators may request briefs on any issue related to the admission or exclusion of evidence.

Cal. Code Regs. Tit. 27, § 28025

1. New section filed 9-11-95 as an emergency; operative 9-11-95 (Register 95, No. 37). A Certificate of Compliance must be transmitted to OAL by 3-9-96 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 3-8-96 as an emergency; operative 3-8-96 (Register 96, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-6-96 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 7-8-96 as an emergency; operative 7-8-96 (Register 96, No. 28). A Certificate of Compliance must be transmitted to OAL by 11-5-96 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 10-31-96 as an emergency; operative 10-31-96 (Register 96, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-28-97 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 10-31-96 order, including amendment of subsection (b), transmitted to OAL 12-4-96 and filed 1-17-97 (Register 97, No. 3).
6. Change without regulatory effect renumbering title 22, section 15025 to title 27, section 28025 filed 6-18-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 25).

Note: Authority cited: Sections 59012, 25356.10, Health and Safety Code. Stats. 1994, ch. 435 (SB 923) Section 3. Reference: Sections 25356.2- 25356.10 and 25398.10- 25398.13, Health and Safety Code.