Section 13860 - Failure to File Notice of Defense; Discovery; Notice of Hearing(a) The respondent shall be entitled to a hearing on the merits if the respondent files a timely notice of defense, and the notice shall be deemed a specific denial of all parts of the accusation or statement of issues not expressly admitted.(b) If the respondent either fails to file a notice of defense or to appear at the hearing, the Labor Commissioner may take action based upon the respondent's express admissions or upon other evidence, and declarations may be used as evidence without any notice to respondent; and where the burden of proof is on the respondent to establish that the respondent is entitled to the issuance or renewal of a registration, the Labor Commissioner may proceed by default without scheduling a hearing or taking evidence.(c) The provisions of Government Code section 11507.6 provide the exclusive right to and method of discovery as to any proceeding to deny an application for registration or to revoke or suspend a registration. A party shall have 20 days from the date of the mailing of the request for discovery to provide the requested discovery to the requesting party. Any party claiming non-compliance with a discovery request made under this section may file with the hearing officer a motion to compel discovery. Any such motion shall be served upon the party from whom discovery is sought within 15 days of that party's failure or refusal to provide the discovery. The party against whom discovery is sought may file a written response to the motion by filing such response within 10 days of service of the motion. The motion may be decided with or without a hearing, at the discretion of the hearing officer. The order denying the motion, or granting the motion in whole or in part, shall be in writing.(d) The Labor Commissioner shall deliver or mail a notice of hearing to all parties at least 10 days prior to the hearing. The notice of hearing shall be in substantially the same form as set forth at Government Code section 11509, and shall include notice of the right to request an interpreter for a party or witness who cannot proficiently speak or understand English.Cal. Code Regs. Tit. 8, § 13860
1. New section filed 10-8-2018; operative 1-1-2019 (Register 2018, No. 41). Note: Authority cited: Sections 9998.11, Business and Professions Code. Reference: Sections 9998.1.5 and 9998.11, Business and Professions Code; and Sections 11425.50, 11505, 11514 and 11507.6, Government Code.
1. New section filed 10-8-2018; operative 1/1/2019 (Register 2018, No. 41).