Cal. Code Regs. tit. 8 § 10945

Current through Register 2024 Notice Reg. No. 50, December 13, 2024

Section 10945 - Required Content of Petitions for Reconsideration, Removal, Disqualification and Answers

(a) Every petition for reconsideration, removal or disqualification shall fairly state all of the material evidence relative to the point or points at issue. Each contention shall be separately stated and clearly set forth. A failure to fairly state all of the material evidence may be a basis for denying the petition.

(b) Every petition and answer shall support its evidentiary statements by specific references to the record.

(1) References to any stipulations, issues or testimony contained in any Minutes of Hearing, Summary of Evidence or hearing transcript shall specify:

(A) The date and time of the hearing; and

(B) If available, the page(s) and line number(s) of the Minutes, Summary, or transcript to which the evidentiary statement relates (e.g., "Summary of Evidence, 5/1/08 trial, 1:30pm session, at 6:11-6:15").

(2) References to any documentary evidence shall specify:

(A) The exhibit number or letter of the document;

(B) Where applicable, the author(s) of the document;

(C) Where applicable, the date(s) of the document; and

(D) The relevant page number(s) (e.g., "Exhibit M, Report of John A. Jones, M.D., 6/16/08 at p. 7.").

(3) References to any deposition transcript shall specify:

(A) The exhibit number or letter of the document;

(B) The name of the person deposed;

(C) The date of the deposition; and

(D) The relevant page number(s) and line(s) (e.g., "Exh. 3, 6/20/08 depo of William A. Smith, M.D., at 21:20-22:5]").

(c)

(1) Copies of documents that have already been received in evidence or that have already been made part of the adjudication file shall not be attached or filed as exhibits to petitions for reconsideration, removal, or disqualification or answers. Documents attached in violation of this rule may be detached from the petition or answer and discarded.

(2) A document that is not part of the adjudication file shall not be attached to or filed with a petition for reconsideration or answer unless a ground for the petition for reconsideration is newly discovered evidence.

(3) A document shall not be attached to or filed with a petition for removal or disqualification or answer unless the document is not part of the adjudication file and is relevant to a petition for removal or disqualification.

Cal. Code Regs. Tit. 8, § 10945

1. Renumbering of former section 10842 to section 10945, including amendment of section heading and section, filed 12-17-2019; operative 1-1-2020. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 2019, No. 51).

Note: Authority cited: Sections 133, 5307, 5309 and 5708, Labor Code. Reference: Sections 126, 5310, 5311, 5900, 5902 and 5904, Labor Code.