Section 13861 - Conduct of Hearing; Rules of Evidence; Role of Hearing Officer(a) The hearing shall be presided over by a hearing officer appointed by the Labor Commissioner. A contested hearing shall be conducted in accordance with the procedures set forth in sections 13860 through 13862, inclusive, of this subchapter.(b) The hearing need not be conducted according to the technical rules of evidence relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely 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, except that the rules of privilege shall be effective to the extent that they are otherwise required by statute to be recognized at the hearing.(c) Hearsay evidence may be used to supplement or explain other evidence, but shall not of itself be sufficient to support a finding. An objection is timely if made before submission of the case.(d) The hearing officer appointed by the Labor Commissioner who presides over the hearing, in exercising sound discretion, may control the order of presentation of evidence at the hearing; keep out repetitive and cumulative evidence; and otherwise rule out evidence.Cal. Code Regs. Tit. 8, § 13861
1. New section filed 10-8-2018; operative 1-1-2019 (Register 2018, No. 41). Note: Authority cited: Section 9998.11, Business and Professions Code. Reference: Section 9998.11, Business and Professions Code.
1. New section filed 10-8-2018; operative 1/1/2019 (Register 2018, No. 41).