Cal. Code Regs. tit. 17 § 50759

Current through Register 2024 Notice Reg. No. 25, June 21, 2024
Section 50759 - Official Notice
(a) The hearing officer shall take official notice of those matters which must be judicially noticed by a court under Section 451 of the Evidence Code. The hearing officer may take official notice of those matters set forth in Section 452 of the Evidence Code.
(b) Parties present at the formal hearing shall be informed of the matters to be noticed, and those matters shall be noted in the record, referred to therein, or appended thereto.
(c) If the hearing officer has been requested to take, or has taken, or proposes to take official notice of such matters, the hearing officer shall afford each party reasonable opportunity before closing the record, to present to the hearing officer information relevant to:
(1) The propriety of taking official notice of the matter; or
(2) The probative value to be accorded to the matter to be noticed.
(d) If the hearing officer resorts to any source of information not received at the formal hearing, including the advice of persons learned in the subject matter, such information and its source, shall be made a part of the record in the appeal and the hearing officer shall afford each party reasonable opportunity to rebut such information before official notice of the matter may be taken.

Cal. Code Regs. Tit. 17, § 50759

1. Renumbering of former Section 50659 to Section 50759 filed 7-5-88; operative 8-4-88 (Register 88, No. 29).

Note: Authority cited: Section 11152, Government Code; and Sections 4648.2 and 4780.5, Welfare and Institutions Code. Reference: Sections 4648.1 and 4780.5, Welfare and Institutions Code.

1. Renumbering of former Section 50659 to Section 50759 filed 7-5-88; operative 8-4-88 (Register 88, No. 29).