Section 1187.5 - Evidence Submitted to the Commission(a) The hearings will not be conducted according to technical rules relating to evidence and witnesses. Any relevant non-repetitive evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs. Irrelevant and unduly repetitious evidence shall be excluded. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions.(b) Oral or written representations of fact offered by any person at an article 7 hearing shall be under oath or affirmation. All written representations of fact submitted to the Commission must be signed under penalty of perjury by persons who are authorized and competent to do so and must be based upon the declarant's personal knowledge, information, or belief.(c) Official notice may be taken in the manner and of the information described in Government Code Section 11515.(d) Each party shall have the right to present witnesses, introduce exhibits, and propose to the chairperson questions for opposing witnesses. Evidence may be submitted to support or rebut any issue. If declarations are to be used in lieu of testimony, the party proposing to use the declaration shall comply with Government Code Section 11514.Cal. Code Regs. Tit. 2, § 1187.5
Note: Authority cited: Sections 17527(e), 17527(g), 17553, 17558.7, 17570, 17615.1 and 17615.8, Government Code; and Section 17000.6, Welfare and Institutions Code. Reference: Sections 11514, 11515, 17518.5, 17527(e), 17551, 17553, 17557, 17557.2, 17559, 17570, 17571 and 17615.7, Government Code.
Note: Authority cited: Sections 17527(e), 17527(g), 17553, 17557, 17610, 17621 and 17622, Government Code. Reference: Sections 11514, 11515, 17527(e), 17551, 17553, 17557, 17559 and 17570, Government Code.
1. Repealer and new section filed 5-19-2014; operative 7/1/2014 pursuant to Government Code section 11343.4(a)(3). Exempt from OAL review and submitted to OAL for printing only pursuant to Government Code section 17527 (Register 2014, No. 21).
2. Amendment of Note filed 9-24-2015; operative 10/1/2015 pursuant to Government Code section 11343.4(b)(3). Exempt from OAL review and submitted to OAL for filing and printing only pursuant to Government Code section 17527(g) (Register 2015, No. 39).
3. Amendment of subsection (b) and amendment of Note filed 2-27-2018; operative 4/1/2018 pursuant to Government Code section 11343.4(a). Exempt from OAL review and submitted to OAL for for filing and printing only pursuant to Government Code section 17527(g) (Register 2018, No. 9).
4. Editorial correction of History 3 (Register 2018, No. 18).
5. Amendment of NOTE filed 5-9-2024; operative 7/1/2024 (Register 2024, No. 19).