19871. (a) An evidentiary hearing described in Section 19870 shall be conducted in accordance with regulations of the commission and as follows:
(1) Oral evidence shall be taken only upon oath or affirmation.
(2) Each party shall have all of the following rights:
(A) To call and examine witnesses.
(B) To introduce exhibits relevant to the issues of the case.
(C) To cross-examine opposing witnesses on any matters relevant to the issues, even if the matter was not covered on direct examination.
(D) To impeach any witness, regardless of which party first called the witness to testify.
(E) To offer rebuttal evidence.
(3) If the applicant does not testify on their own behalf, the applicant may be called and examined as if under cross-examination.
(4) The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence may be considered, and is sufficient in itself to support a finding, if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule that might make improper the admission of that evidence over objection in a civil action.
(b) This section does not confer upon an applicant a right to discovery of the department’s investigative reports or to require disclosure of any document or information the disclosure of which is otherwise prohibited by any other provision of this chapter.
(Amended by Stats. 2021, Ch. 45, Sec. 5. (AB 120) Effective January 1, 2022.)
Structure California Code