Cal. Code Regs. Tit. 22, §§ 2051-9

Current through Register 2024 Notice Reg. No. 49, December 6, 2024

Section 2051-9 - Rules for Conduct of the Hearing

The following rules shall govern the conduct of hearings under Section 2051-8 of these regulations:

(a) The hearing officer shall:

(1) Regulate the course of the hearing.

(2) Assure that all relevant issues are considered.

(3) Rule on the introduction of evidence and testimony.

(4) Elicit testimony from witnesses, but shall not act as an advocate for any party.

(5) Resolve the dispute, if feasible, by conciliation at any time prior to the conclusion of the hearing.

(6) Issue subpoenas if necessary.

(7) Receive and include in the record, documentary evidence offered by any party and accepted at the hearing. Copies thereof shall be made available by the party submitting the document to other parties to the hearing upon request.

(8) Take any other action which is necessary to ensure an orderly hearing.

(b) The testimony at the hearing shall be recorded and may be transcribed at the discretion of the hearing officer.

(c) The parties shall be afforded the opportunity to present, examine and cross-examine witnesses and documents.

(d) The parties may be represented at the hearing by an attorney or other representative.

(e) Technical rules of evidence shall not apply but rules or principles designed to ensure the production of the most credible evidence available shall be applied where determined to be reasonably necessary by the hearing officer. The hearing officer may exclude irrelevant, immaterial or unduly repetitive evidence.

(f) The case record, or any portion thereof, shall be available for inspection and copying by any party at, prior to or subsequent to the hearing upon request.

(g) At the hearing officer's discretion, other appropriate individuals, organizations, or associations may be permitted to participate in the hearing as "friend of the court" with respect to specific legal or factual issues relevant to the appeal. Any documents submitted by the "friends of the court" shall be included in the record.

(h) The hearing shall be held at a location convenient to all parties and their representatives. If a location convenient to all parties cannot be found, the hearing officer may conduct the hearing by telephone conference call, with the consent of the parties.

Cal. Code Regs. Tit. 22, §§ 2051-9

1. New section filed 12-30-93 as an emergency; operative 1-1-94 (Register 93, No. 53). A Certificate of Compliance must be transmitted to OAL by 5-2-94 or emergency language will be repealed by operation of law on the following day.
2. Editorial correction of HISTORY 1 (Register 94, No. 15).
3. New section refiled 4-28-94 as an emergency; operative 5-1-94 (Register 94, No. 17). A Certificate of Compliance must be transmitted to OAL by 8-29-94 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 8-29-94 as an emergency; operative 8-29-94 (Register 94, No. 35). A Certificate of Compliance must be transmitted to OAL by 12-27-94 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 8-24-94 order including amendment of subsection (e) and NOTE transmitted to OAL 12-27-94 and filed 2-6-95 (Register 95, No. 6).

Note: Authority cited: Sections 305 and 306, Unemployment Insurance Code. Reference: Section 9601.5, Unemployment Insurance Code; and 20 C.F.R. §§ 658.417(c)-(m).

1. New section filed 12-30-93 as an emergency; operative 1-1-94 (Register 93, No. 53). A Certificate of Compliance must be transmitted to OAL by 5-2-94 or emergency language will be repealed by operation of law on the following day.
2. Editorial correction of History 1 (Register 94, No. 15).
3. New section refiled 4-28-94 as an emergency; operative 5-1-94 (Register 94, No. 17). A Certificate of Compliance must be transmitted to OAL by 8-29-94 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 8-29-94 as an emergency; operative 8-29-94 (Register 94, No. 35). A Certificate of Compliance must be transmitted to OAL by 12-27-94 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 8-24-94 order including amendment of subsection (e) and Note transmitted to OAL 12-27-94 and filed 2-6-95 (Register 95, No. 6).