Cal. Code Regs. tit. 2 § 873.9

Current through Register 2024 Notice Reg. No. 17, April 26, 2024

Section 873.9 - Order of Presentation of Evidence

(a) In a hearing permitting the presentation of oral evidence under section 873.3(a)(1), the parties shall present evidence in the following order, except as provided in subsection (b):

(1) the protestant;

(2) Procurement;

(3) proposed awardee; and

(4) other parties in an order determined by the hearing officer.

(b) In a hearing permitting the presentation of oral evidence under section 873.3(a)(1) that concerns a solicitation in which Procurement intends to award a contract pursuant to article 3 (commencing with section 10300), chapter 2, part 2, division 2, Public Contract Code to other than the lowest bidder, the parties shall present evidence in the following order:

(1) Procurement;

(2) the protestant;

(3) proposed awardee; and

(4) other parties in an order determined by the hearing officer.

(c) The hearing officer may require the parties to present evidence in any order that furthers the efficiency of the hearing.

Cal. Code Regs. Tit. 2, § 873.9

1. New section filed 12-15-97 as interim regulations under Government Code section 11400.20; operative 12-15-97 (Register 97, No. 51).
2. Interim regulation transmitted to OAL 12-31-98 as a permanent rulemaking and filed 2-17-99; operative 2-17-99 pursuant to Government Code section 11400.20 (Register 99, No. 12).

Note: Authority cited: Section 13920, Government Code. Reference: Sections 10306 and 12102(h), Public Contract Code.