California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 2.5 - Commission on State Mandates › Article 7 - Quasi-Judicial Hearing Procedures and Decisions › Section 1187.6 - Conduct of Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Each party shall have the right to present witnesses, to introduce exhibits,
				  and to propose to the chairperson questions for opposing witnesses in support
				  or rebuttal of any matter relevant to the issues even if that matter was not
				  covered in the direct examination. The Commission chair or hearing officer,
				  however, may limit the length of testimony to a specific amount of time, or
				  limit the time for each party or witness.
(b) The presiding member, Commission members,
				  hearing panel member or hearing officer may question any party or witness and
				  may admit any relevant and material evidence.
(c) The taking of evidence in a hearing shall
				  be controlled by the Commission or hearing officer in the manner best suited to
				  ascertain the facts and safeguard the rights of the parties. Prior to taking
				  evidence, the issues and the order of presenting evidence will be
				  explained.
(d) The hearing will
				  ordinarily proceed in the following manner. Commission staff will summarize the
				  matter. The claimant or requester and aligned parties and interested parties
				  will state their positions and present evidence. Opposing parties or interested
				  parties will thereafter state their positions and present evidence. The
				  claimant or requester will then be given an opportunity to reply.
(e) The Commission or hearing officer may
				  call a party, or any other person who is present, to testify under oath or
				  affirmation. Any member of the Commission, its executive director, or hearing
				  officer may question witnesses.
(f)
				  The Commission or the executive director may require that prepared written
				  testimony or other evidence be filed in advance of any hearing to facilitate
				  the orderly consideration of issues at the hearing.
(g) Commission public hearings shall be
				  recorded by stenographic reporter or electronic recording or both. The
				  transcript or recordings shall be kept for the period of time required by
				  applicable law governing the retention of records of state agency public
				  proceedings, or until the conclusion of administrative or judicial proceedings,
				  whichever is later.
1. New
					 subsections (f)-(f)(3) and subsection relettering and repealer and new NOTE
					 filed 7-23-96; operative 7-23-96. Submitted to OAL for printing only (Register
					 96, No. 30).
2. Repealer and new section filed 5-19-2014; operative
					 7-1-2014 pursuant to Government Code section
					 11343.4(a)(3).
					 Exempt from OAL review and submitted to OAL for printing only pursuant to
					 Government Code section
					 17527
					 (Register 2014, No. 21).
3. Amendment of NOTE filed 9-24-2015;
					 operative 10-1-2015 pursuant to Government Code section
					 11343.4(b)(3).
					 Exempt from OAL review and submitted to OAL for filing and printing only
					 pursuant to Government Code section
					 17527(g)
					 (Register 2015, No. 39).
4. Amendment of subsections (a), (d) and
					 (f)-(g) and amendment of NOTE filed 1-23-2020; operative 4-1-2020 (Register
					 2020, No. 4).
Note: Authority cited: Sections
						17527(g)
						and
						17553(a),
						Government Code. Reference: Sections
						11125.7,
						17527(c),
						17532,
						17551 and
						17553(a),
						Government Code.