California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 4.3 - Procedures for Noncompliance Hearings › Article 1 - Governing Procedure for Noncompliance Hearings › Section 2614.13 - Prepared Testimony

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Prepared direct testimony, in narrative statement or question and answer
				  format, of each direct witness expected to be called to testify by the
				  Department or intervenor or participant in a proceeding, shall be filed and
				  served on all parties at least forty (40) business days before the first day of
				  the evidentiary hearing. Prepared direct testimony, in narrative statement or
				  question and answer format, of each direct witness expected to be called to
				  testify in a proceeding by respondent, shall be filed and served on all parties
				  no later than twenty (20) business days after service of the prepared direct
				  testimony by the Department or intervenor or participant. Prepared direct
				  testimony shall be signed under penalty of perjury under the laws of the state
				  of California. Expert witness testimony shall be accompanied by the witnesses'
				  curriculum vitae and list of authored or co-authored publications.
				  Additionally, any documents reviewed by the expert for purposes of testifying
				  in the specific case that were not previously provided to the other parties
				  shall be produced with the testimony. Prepared direct testimony is required
				  only for witnesses who, at the time the testimony is offered, are employees,
				  agents, officers, directors, or independent contractors of the party offering
				  the testimony or experts retained by the party offering the
				  testimony.
(b) Within ten (10)
				  business days of service of any prepared direct testimony, any party may file a
				  motion to strike all or part of the testimony and object to admission of
				  exhibits referenced in such testimony. The motion shall state the specific
				  page(s) and line(s) to which the party is objecting, and the specific legal
				  authority for the objection. Within five (5) business days of service of a
				  motion to strike, the party filing the prepared direct testimony may respond to
				  the motion to strike. A hearing on any motion to strike shall be held within
				  five (5) business days of service of any response to the motion to strike. At
				  or before the commencement of the hearing on the motion to strike, the
				  administrative law judge or hearing officer shall inform the parties of the
				  administrative law judge or hearing officer's tentative ruling on the motion.
				  The administrative law judge or hearing officer shall rule on the motion to
				  strike no later than three (3) business days after the hearing on the motion to
				  strike. Any testimony not objected to and any testimony not stricken, together
				  with exhibits referenced in that testimony, shall be deemed admitted.
(c) If rebuttal prepared testimony is
				  allowed, motions to strike may be made orally and ruled upon immediately in
				  order to expedite the proceeding.
(d) At the evidentiary hearing, the person
				  whose prepared testimony is being offered shall be available for
				  cross-examination by all parties.
(e) Prepared testimony of more than twenty
				  (20) pages shall contain a subject index.
1. New
					 section filed 12-20-2006; operative 1-19-2007 (Register 2006, No.
					 51).
2. Amendment of subsection (a) filed 12-30-2010; operative
					 12-30-2010 pursuant to Government Code section
					 11343.4
					 (Register 2010, No. 53).
3. Change without regulatory effect
					 amending subsection (b) filed 7-14-2021 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2021, No. 29). Filing deadline specified in Government
					 Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order
					 N-40-20.
Note: Authority cited: Section
						11400.20,
						Government Code. Reference: Sections
						1858,
						1858.01,
						1858.1 and
						1858.2,
						Insurance Code.