California Code of Regulations › Title 1 - General Provisions › Division 2 - Office of Administrative Hearings › Chapter 2 - Special Hearing Procedures (July 1, 1997) › Article 3 - Appeal Procedure for Direct Service Contract Disputes Between Private, Non-Profit Human Service Organizations and Health and Welfare Agency and Its Component Departments › Section 1147 - Hearing Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Oral evidence shall be taken only on oath
				  or affirmation.
(b) Each party
				  shall have these rights: to call and examine witnesses; to introduce exhibits;
				  to cross-examine opposing witnesses on any matter relevant to the issues; to
				  impeach any witness regardless of which party first called him to testify; and
				  to rebut the evidence against him or her.
(c) The hearing need not be conducted
				  according to technical rules 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. Hearsay evidence
				  may be used for the purpose of supplementing or explaining other evidence but
				  shall not be sufficient in itself to support a finding unless it would be
				  admissible over objection in civil actions. The rules of privilege shall be
				  effective to the extent that they are otherwise required by statute to be
				  recognized at the hearing. Irrelevant and unduly repetitious evidence shall be
				  excluded.
(d) The hearing shall be
				  conducted in the English language, except that a party who does not
				  proficiently speak or understand the English language and who requests language
				  assistance shall be provided an interpreter approved by the hearing officer
				  conducting the proceedings. The cost of providing the interpreter shall be paid
				  by the Health and Welfare Agency or one of its component departments if the
				  hearing officer so directs, otherwise the costs shall be paid by the party for
				  whom the interpreter is provided.
The hearing officer's decision to direct payment shall be
					 based upon an equitable consideration of all the circumstances in each case,
					 such as the ability of the party in need of the interpreter to pay.
(e) The Health and Welfare Agency
				  or any of its component departments affected by this section shall advise each
				  party of their right to an interpreter at the same time that each party is
				  advised of the hearing date. Each party in need of an interpreter shall also be
				  encouraged to give timely notice to the Office of Administrative Hearings so
				  that appropriate arrangements can be made.
(f) The rules of confidentiality, if any, of
				  the Health and Welfare Agency or its component departments, which may apply in
				  an adjudicatory hearing, shall apply to any interpreter in the hearing before
				  the Office of Administrative Hearings, whether or not such rules so
				  state.
(g) The interpreter shall
				  not have had any involvement in the issues of the case prior to the
				  hearing.
1. Change
					 without regulatory effect renumbering former section
					 258 to new section
					 1147 filed 7-11-97 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 97, No. 28).
Note: Authority cited: Section
						38065,
						Health and Safety Code. Reference: Sections
						38060
						and
						38065,
						Health and Safety Code.