California Code of Regulations › Title 8 - Industrial Relations › Division 3 - Public Employment Relations Board › Chapter 9 - Procedures Under Specified Transit District Acts and Laws › Section 93040 - Rights and Duties of Parties at Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any
				party shall have the right to appear at any hearing in person, by counsel, or
				by other representative, and any party and the hearing officer shall have power
				to call, examine and cross-examine witnesses and to introduce into the record
				documentary and other evidence. Witnesses shall be examined orally under oath.
				The rules of evidence prevailing in courts of law or equity shall not be
				controlling. Stipulations of fact may be introduced in evidence with respect to
				any issue.
(b) Any objection with
				respect to the conduct of the hearing, including any objection to the
				introduction of evidence, may be stated orally or in writing, accompanied by a
				short statement of the grounds of such objection and included in the record. No
				such objection shall be deemed waived by further participation in the
				hearing.
(c) All motions, rulings
				and orders shall become a part of the record. Interlocutory rulings by the
				hearing officer shall not be directly appealable.
(d) Any party shall be entitled, upon
				request, to a reasonable period at the close of the hearing for oral argument,
				which shall be included in the transcript of the hearing.
(e) Misconduct at any hearing shall be
				grounds for summary exclusion by the hearing officer from further participation
				in such hearing.
(f) The refusal of
				a witness at a hearing to answer any question which has been ruled to be proper
				shall in the discretion of the hearing officer be grounds for striking all
				testimony previously given by such witness on related matters.
Note: Authority cited: Sections
					 3541.3(g)
					 and
					 3603,
					 Government Code; and Sections 30751, 40122, 70122, 90300, 98162.5, 100301,
					 101344, 102403, 103401, 120505 and 125521, Appendix 1, Section 4.4, and
					 Appendix 2, Section 13.91, Public Utilities Code. Reference: Sections 4.4,
					 13.91,
					 25052,
					 28851,
					 30751,
					 40122,
					 50121,
					 70122,
					 90300,
					 95651,
					 98162.5,
					 100301,
					 101344,
					 102403,
					 103401,
					 120505
					 and
					 125521,
					 Public Utilities Code. Additional reference: Labor Management Relations Act,
					 1947, Section 9, 29 USC
					 Section 159;
					 29 CFR Sections
					 102.60-102.72.
Note: Authority cited: Sections
					 3541.3(g)
					 and
					 3603,
					 Government Code; and Sections
					 30751,
					 40122,
					 70122,
					 90300,
					 98162.5,
					 100301,
					 101344,
					 102403,
					 103401,
					 120505 and
					 125521, Appendix 1, Section
					 4.4, and Appendix 2, Section
					 13.91,
					 Public Utilities Code. Reference: Sections
					 4.4,
					 13.91,
					 25052,
					 28851,
					 30751,
					 40122,
					 50121,
					 70122,
					 90300,
					 95651,
					 98162.5,
					 100301,
					 101344,
					 102403,
					 103401,
					 120505
					 and
					 125521,
					 Public Utilities Code. Additional reference: Labor Management Relations Act,
					 1947, Section
					 9,
					 29 USC Section
					 159;
					 29 CFR Sections
					 102.60-102.72.