Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 2614.17 - Oral Evidence(a) Oral testimony 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 even though that matter was not covered in the direct examination; to impeach any witness regardless of which party first called the witness to testify; and to rebut the evidence against the witness. If the respondent does not testify in the respondent's own behalf, the respondent may be called and examined as if under cross-examination.(c) The hearing need not be conducted according to technical rules relating to evidence and witnesses, except as hereinafter provided.(d) Hearsay evidence may be used to supplement or explain other evidence but over timely objection shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. An objection is timely if made before submission of the case.(e) The rules of privilege shall be effective to the extent that they are otherwise required by statute to be recognized at the hearing.(f) The administrative law judge or hearing officer has discretion to limit oral testimony and to exclude evidence if its probative value is substantially outweighed by the probability that its admission will necessitate undue consumption of time.Cal. Code Regs. Tit. 10, § 2614.17
1. New section filed 12-20-2006; operative 1-19-2007 (Register 2006, No. 51).
2. Change without regulatory effect amending subsection (b) filed 7-14-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 29). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20. Note: Authority cited: Section 11400.20, Government Code. Reference: Sections 1858, 1858.01, 1858.1 and 1858.2, Insurance Code.
1. New section filed 12-20-2006; operative 1-19-2007 (Register 2006, No. 51).
2. Change without regulatory effect amending subsection (b) filed 7-14-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 29). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20.