Cal. Code Regs. tit. 4 § 198

Current through Register 2024 Notice Reg. No. 43, October 25, 2024

Section 198 - New Evidence

(a) When the Board is requested to remand the case to the Department for reconsideration upon the ground that there is relevant evidence which, in the exercise of reasonable diligence, could not have been produced at the hearing before the Department, the party making such request must, in the form of a declaration or affidavit, set forth:

(1) The substance of the newly-discovered evidence;

(2) Its relevancy and that part of the record to which it pertains;

(3) Names of witnesses to be produced and their expected testimony;

(4) Nature of any exhibits to be introduced;

(5) A detailed statement of the reasons why such evidence could not, with due diligence, have been discovered and produced at the hearing before the Department.

(b) Merely cumulative evidence shall not constitute a valid ground for remand.

Cal. Code Regs. Tit. 4, § 198

1. Amendment filed 2-19-82; effective thirtieth day thereafter (Register 82, No. 8).
2. Change without regulatory effect amending section filed 12-8-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 50). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.
3. Amendment of section heading and subsection (b) filed 6-6-2022; operative 6-6-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 23).

Note: Authority cited: Section 23077, Business and Professions Code; and Article XX, Section 22, California Constitution. Reference: Sections 23084 and 23085, Business and Professions Code; and Article XX, Section 22, California Constitution.

1. Amendment filed 2-19-82; effective thirtieth day thereafter (Register 82, No. 8).
2. Change without regulatory effect amending section filed 12/8/2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 50). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.
3. Amendment of section heading and subsection (b) filed 6-6-2022; operative 6/6/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 23).