California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 1 - Unemployment Compensation › Chapter 7 - COLLECTIONS › Section 1755-6 - Conduct of Hearing and Evidence

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The debtor may authorize any person to
						represent him or her in the hearing. The authorization should be in written
						form or by verbal presentation by the debtor to the hearing official.
						Attendance by the debtor or his or her authorized representative is required
						unless the debtor has waived, in writing or verbally to the hearing official,
						his or her right to confront witnesses who may provide testimony, has waived
						his or her right to an in-person hearing, and the hearing official determines
						that the designated documents will be considered appearance by the debtor. If
						the debtor appears at the hearing, he or she shall have his or her witnesses
						and evidence ready and be ready to proceed at the time and place scheduled. The
						hearing official may limit attendance at the hearing to those directly
						concerned, and may exclude unauthorized persons from the hearing.
(b) The hearing official may exclude
						witnesses during the testimony of other witnesses, but the debtor and his or
						her authorized representative and any representative of the department shall
						have the right to remain throughout the proceeding. The hearing official may
						exclude any person whose conduct is disruptive to the hearing.
(c) All testimony shall be under oath,
						affirmation, or penalty of perjury. The technical rules of evidence and
						procedure as used in courts of law shall not apply.
(d) The proceedings shall be reported by tape
						recording or otherwise perpetuated by mechanical, electronic, or other means
						capable of reproduction or transcription.
(e) The issues at the hearing shall be
						limited to those reasonably related to the withholding order for taxes. No
						issue respecting taxpayer's liability for taxes will be heard other than his or
						her identity as the debtor and which earnings are subject to the withholding
						order.
(f) The department shall
						provide a competent interpreter in any proceeding where before or during the
						hearing it becomes apparent that an interpreter is necessary. The hearing
						official shall not rely on any state employee who is not proficient in both the
						English language and the language of the debtor or witness. The hearing
						official shall administer to all interpreters a separate oath or affirmation to
						interpret completely and accurately.
(g) The debtor's rights shall include the
						following:
(1) To call and examine parties and
						witnesses.
(2) To introduce
						exhibits.
(3) To have access to
						witnesses and documents in the department's possession prior to and during the
						hearing.
(5) To question opposing
						witnesses and parties on any matter relevant to the issues even though the
						matter was not covered in direct examination.
(6) To impeach any witness regardless of who
						first called the witness to testify.
(7) To rebut the evidence against him or
						her.
(8) To make oral argument or
						written argument.