California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 1.25 - Administrative Procedures-Hearings › Article 4 - Administrative Hearing Procedures for Review of Citations › Subarticle 9 - Hearings › Section 60075.35 - Evidence by Affidavit or Declaration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) At any time 20 or more days prior to a
						hearing or a continued hearing, a party may mail or deliver to the opposing
						party or parties a copy of any affidavit or declaration which the proponent
						proposes to introduce in evidence, together with a notice as provided in
						subdivision (b). Unless an opposing party, within 7 days after such mailing or
						delivery, mails or delivers to the proponent a request to cross-examine the
						affiant or declarant the opposing party's right to cross-examine such affiant
						or declarant is waived and the affidavit or declaration, if introduced in
						evidence, shall be given the same effect as if the affiant or declarant had
						testified orally. If an opportunity to cross-examine an affiant or declarant is
						not afforded after request therefore is made as herein provided, the hearing
						officer may allow the affidavit or declaration to be introduced into evidence,
						but if so allowed, it shall only be given the same effect as other hearsay
						evidence.
(b) The notice referred
						to in subdivision (a) shall be a separate document concurrently served with the
						affidavit or declaration, entitled "Notice of Intent to Use Declaration or
						Affidavit in Lieu of Oral Testimony." The title shall be in bold print. The
						content of the notice shall be substantially in the following form:
"The accompanying affidavit or declaration of [insert
						  name of affiant or declarant] will be introduced as evidence at the hearing in
						  [insert title and docket number or petition number of proceeding]. [Insert
						  name] will not be called to testify orally and you will not be entitled to
						  question the affiant or declarant unless you notify [insert name of the
						  proponent, representative, agent or attorney] at [insert address] that you wish
						  to cross-examine the affiant or declarant. To be effective, your request must
						  be mailed or delivered to [insert name of proponent, representative, agent or
						  attorney] on or before [insert a date 7 days after the date of mailing or
						  delivery of the affidavit or declaration to the opposing
						  party]."
1. New
						  section filed 11-27-91; operative 11-27-91 pursuant to Government Code section
						  11346.2(d)
						  (Register 92, No. 8).
2. Renumbering of former section
						  60075.35 to section
						  60075.37 and new section
						  60075.35 filed 9-1-99; operative
						  10-1-99 (Register 99, No. 36).
3. Amendment of NOTE filed 9-4-2003;
						  operative 10-4-2003 (Register 2003, No. 36).
Note: Authority cited: Sections
							 39600,
							 39601,
							 42410,
							 43023,
							 43028,
							 43031(a)
							 and
							 44011.6(m),
							 Health and Safety Code. Reference: Mathews v. Eldridge,
							 424 U.S.
							 319 (1976); and Sections
							 42410,
							 43023,
							 43028,
							 43031(a)
							 and
							 44011.6,
							 Health and Safety Code.