California Code of Regulations › Title 10 - Investment › Chapter 5 - Insurance Commissioner › Subchapter 3 - Insurers › Article 9.7 - Workers' Compensation Insurance Procedural Requirements and Standards Applicable to Employers, Insurers, and Rating Organizations in the Initiation of and Response to Requests for Review, Requests for Policyholder Information, and Requests for Reconsideration Provided in Insurance Code Sections 11737(f), 11752.6(c), 11753.1(a) and 11753.1(b), and, Rules of Practice and Procedure for Appeals to the Insurance Commissioner Pursuant to Insurance Code Sections 11737(f), 11752.6(c), 11753.1(a), 11753.1(b) and 11753.1 › Section 2509.62 - Evidence

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Oral evidence,
				  if taken, shall be taken only on oath or affirmation.
(b) Each party shall have these rights: to
				  present evidence, to argue a case to the hearing officer and to rebut the
				  evidence against the party.
(c)
				  Documentary exhibits shall be legible and reduced to 8- 1/2 inches wide and 11
				  inches long and shall be marked for identification consecutively as follows:
				  appellant's exhibits by letter; respondent's exhibits by number. The moving
				  party shall furnish the original and one copy to the hearing officer, one copy
				  to each party or its representative of record, and one copy for use by a
				  witness, if appropriate. Each page of multi-page exhibits shall be numbered.
				  Copies of exhibits shall be clear and legible. Exhibits introduced at the
				  hearing shall not duplicate the documents filed with the appeal or the
				  response. The parties shall exchange their exhibits with each other five (5)
				  business days prior to the hearing.
(d) The hearing need not be conducted
				  according to technical rules relating to evidence and witnesses, except as
				  hereinafter provided. 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 evidence over objection in
				  civil actions.
(e) The rules of
				  privilege shall be effective to the extent that they are otherwise required by
				  law to be recognized at the hearing.
(f) The hearing officer has the discretion to
				  exclude evidence if its probative value is substantially outweighed by the
				  probability that its admission will necessitate undue consumption of
				  time.
1. New
					 section filed 2-22-99 as an emergency; operative 2-22-99 (Register 99, No. 9).
					 A Certificate of Compliance must be transmitted to OAL by 6-18-99 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. New section refiled 6-18-99 as an emergency; operative
					 6-18-99 (Register 99, No. 25). A Certificate of Compliance must be transmitted
					 to OAL by 10-18-99 or emergency language will be repealed by operation of law
					 on the following day.
3. New section refiled 10-18-99 as an
					 emergency; operative 10-19-99 (Register 99, No. 43). A Certificate of
					 Compliance must be transmitted to OAL by 2-16-2000 or emergency language will
					 be repealed by operation of law on the following day.
4. Repealed by
					 operation of Government Code section
					 11346.1(g)
					 (Register 2000, No. 6).
5. New section filed 2-10-2000; operative
					 3-11-2000 (Register 2000, No. 6).
6. Change without regulatory
					 effect amending NOTE filed 6-3-2003 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2003, No. 23).
Note: Authority cited: Section
						11400.20,
						Government Code; and Section
						11753.1,
						Insurance Code. Reference: Section
						11415.10,
						Government Code; and Sections
						11734,
						11737(f),
						11750,
						11752.6(c),
						11753.1(a)
						and
						11753.1(b),
						Insurance Code.