California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 2 - Administration of Self-Insurance Plans › Article 11 - Hearing and Appeal Procedures › Section 15434 - Hearing Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The affected employer, surety, any
					 custodian of a surety deposit, maker of a letter of credit, the SISF, an
					 aggrieved party, and any other affected parties or persons shall be notified of
					 the time and place of the hearing by a notice issued by the Director,
					 designated hearing officer or the Manager and such notice to be served on all
					 parties.
(b) Notification shall be
					 placed in the U.S. mail in a fully prepaid, postmarked and sealed envelope at
					 least twenty-one (21) calendar days in advance of the hearing. Without good
					 cause being shown and a written request for extended time to respond, the time
					 to respond shall not be extended beyond the twenty-one (21) days by California
					 Code of Civil Procedure section
					 1013.
(c) The employer, surety, custodian of a
					 security deposit, maker of a letter of credit, the SISF, an aggrieved party,
					 and any other party, shall be given an opportunity to present evidence and/or
					 written or oral arguments in support of its position.
(d) The hearing need not be conducted
					 according to the technical rules of evidence. In the interest of expeditious
					 and inexpensive adjudication, evidence by way of affidavit or declaration shall
					 be allowed under the following conditions:
(1)
					 At any time fifteen (15) days or more prior to the hearing date or continued
					 hearing date, a party may mail or deliver to the opposing party or parties, a
					 copy of any affidavit or declaration which is proposed to be introduced in
					 evidence, together with a notice as provided in subsection (2). Unless an
					 opposing party, within ten (10) days after such mailing or delivery, mails or
					 delivers to the proponent a request to cross-examine the affiant or declarant,
					 his right to cross-examine such affiant or declarant is waived and the
					 affidavit or declaration, if introduced into evidence, shall be given the same
					 effect as if the affiant or declarant has testified orally. If an opportunity
					 to cross-examine an affiant or declarant is not afforded after request
					 therefore is made as herein provided, the affidavit or declaration may be
					 introduced into evidence, but shall be given only the same effect as other
					 hearsay evidence.
(2) The notice
					 referred to in subsection (1) shall be substantially in the following form:
"The accompanying affidavit or declaration of (here
						insert name of affiant or declarant) will be introduced as evidence at the
						hearing in (here insert title and docket number of proceeding). (Here insert
						name) will not be called to testify orally and you will not be entitled to
						question him unless you notify (name of the proponent, representative, agent or
						attorney) at (here insert address) that you wish to cross-examine him. To be
						effective, your request must be mailed or delivered to (here insert name of
						proponent, representative, agent or attorney) on or before (here insert date
						ten (10) days after the date of mailing or delivering the affidavit or
						declaration to the opposing party)."