Cal. Code Regs. tit. 2 § 617.2

Current through Register 2024 Notice Reg. No. 25, June 21, 2024

Section 617.2 - Powers and Duties of Board or Hearing Officer

(a) The board or hearing officer shall have the following powers and duties:

(1) the power to regulate the course of the hearing, including the power to permit or limit:

(A) opening statements;

(B) re-direct examination;

(C) re-cross examination;

(D) presentation of rebuttal witnesses;

(E) allocation of time for each party to present its case, including the time allowed for cross examination of witnesses;

(F) oral or written closing arguments; and

(G) opening or closing briefs.

(2) the power to regulate the conduct of the parties and their representatives;

(3) the power to administer oaths and affirmations;

(4) the power to examine witnesses;

(5) the power to rule on evidentiary and procedural motions;

(6) the duty to conduct a fair and impartial hearing;

(7) the duty to maintain order;

(8) the duty to avoid unnecessary delay; and

(9) all powers and duties reasonably necessary to perform the functions contained in subsections (1) through (8).

(b) The board or hearing officer shall control the taking of evidence in any manner suited to learning the relevant facts and safeguarding the rights of the parties, including the limitation or exclusion of:

(1) repetitious evidence;

(2) irrelevant evidence;

(3) evidence that is tangential to the issues to be determined;

(4) evidence that is of limited probative value; or

(5) evidence that is unreliable.

Cal. Code Regs. Tit. 2, § 617.2

1. New section filed 10-8-97 as an interim regulation pursuant to Government Code section 11400.20; operative 10-8-97 (Register 97, No. 41). Interim regulations expire on 12-31-98 unless earlier amended or repealed.
2. Interim regulation transmitted to OAL 12-31-98 as permanent rulemaking with amendments and filed 2-17-99; operative 2-17-99 pursuant to Government Code section 11400.20 (Register 99, No. 8).
3. Editorial correction repealing erroneous HISTORY 2 and renumbering and amending former HISTORY 3 to HISTORY 2 (Register 99, No. 12).

Note: Authority cited: Sections 11400.20, 13920, 13968(a) and 13974, Government Code; and Section 4906, Penal Code. Reference: Sections 11425.10(a)(1), 13910, 13911, 13963 and 13973, Government Code; Section 4903, Penal Code; and Sections 10306 and 12102(h), Public Contract Code.

1. New section filed 10-8-97 as an interim regulation pursuant to Government Code section 11400.20; operative 10-8-97 (Register 97, No. 41). Interim regulations expire on 12-31-98 unless earlier amended or repealed.
2. Interim regulation transmitted to OAL 12-31-98 as permanent rulemaking with amendments and filed 2-17-99; operative 2-17-99 pursuant to Government Code section 11400.20 (Register 99, No. 8).
3. Editorial correction repealing erroneous History 2 and renumbering and amending former History 3 to History 2 (Register 99, No. 12).