Section 809.3 - Rights during hearing; burden of presenting evidence; representation by attorney(a) During a hearing concerning a final proposed action for which reporting is required to be filed under Section 805, both parties shall have all of the following rights: (1) To be provided with all of the information made available to the trier of fact.(2) To have a record made of the proceedings, copies of which may be obtained by the licentiate upon payment of any reasonable charges associated with the preparation thereof.(3) To call, examine, and cross-examine witnesses.(4) To present and rebut evidence determined by the arbitrator or presiding officer to be relevant.(5) To submit a written statement at the close of the hearing.(b) The burden of presenting evidence and proof during the hearing shall be as follows: (1) The peer review body shall have the initial duty to present evidence which supports the charge or recommended action.(2) Initial applicants shall bear the burden of persuading the trier of fact by a preponderance of the evidence of their qualifications by producing information which allows for adequate evaluation and resolution of reasonable doubts concerning their current qualifications for staff privileges, membership, or employment. Initial applicants shall not be permitted to introduce information not produced upon request of the peer review body during the application process, unless the initial applicant establishes that the information could not have been produced previously in the exercise of reasonable diligence.(3) Except as provided above for initial applicants, the peer review body shall bear the burden of persuading the trier of fact by a preponderance of the evidence that the action or recommendation is reasonable and warranted.(c) The peer review body shall adopt written provisions governing whether a licentiate shall have the option of being represented by an attorney at the licentiate's expense. No peer review body shall be represented by an attorney if the licentiate is not so represented, except dental professional society peer review bodies may be represented by an attorney provided that the peer review body grants each licentiate the option of being represented by an attorney at the licentiate's expense, even if the licentiate declines to be represented by an attorney.Ca. Bus. and Prof'l. Code § 809.3
Amended by Stats. 1990, Ch. 332, Sec. 1.