California Code of Regulations
Title 10 - Investment
Chapter 2 - Savings and Loan Commissioner
Subchapter 3 - Applications and Hearings
Article 1 - Applications and Hearings: New Facilities, Branches, Changes of Location, Agencies, Conversions from a Federal to State Association, Changes of Name and Amendments of Articles of Incorporation
Section 103.114 - Hearing Procedure for Additional Evidence

Universal Citation: 10 CA Code of Regs 103.114

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

If the commissioner determines upon good cause shown by the parties of record, or determines that it is advisable or necessary for the purposes of rendering a decision on an application, to hold a hearing for the taking of evidence both oral and documentary to secure additional relevant facts or to impeach the credibility of documents filed by parties of record, the commissioner shall notify the parties of record. In the event of such a hearing, the following procedures shall apply:

(a) Oaths and Affirmations. The hearing officer shall administer oaths, accept affirmations and rule on the admission or exclusion of evidence.

(b) Subpoenas. The commissioner or hearing officer may issue a subpoena in advance of or at the time of the hearing to compel the attendance of witnesses or the production of records. Such subpoena may also be issued upon the request of a party to the hearing when supported by an affidavit setting forth in detail the pertinence and materiality of the testimony of such witnesses or the production of such records to the issues to be raised at the hearing.

(c) Order of Presentation of Evidence. The conduct of the hearing, including order of presentation of evidence and matters in objection to the application, shall be in the discretion of the hearing officer presiding at the hearing.

(d) Evidence; Examination of Witnesses.

(1) Oral evidence shall be taken only on oath or affirmation.

(2) Each party of record may call and examine witnesses, introduce exhibits, cross-examine opposing witnesses in any matter relevant to the issue, even though that matter was not covered in the direct examination, impeach any witness regardless of which party called him to testify and rebut the evidence against him. If a party of record does not testify in his own behalf, he may be called and examined as if under cross-examination.

(3) The hearing need not be conducted according to technical rules relating to evidence and witnesses.
(A) Any relevant evidence, including hearsay evidence, may be admitted 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 which might make improper the admission of such evidence over objection in civil actions.

(B) The rules of privilege shall be effective to the same extent that they are recognized in civil actions, and irrelevant or unduly repetitious evidence shall be excluded.

(e) Evidence by Affidavit. Affidavits may be introduced in evidence subject to comment and objection on grounds of competency, materiality and relevance.

1. Change without regulatory effect renumbering former Section 146.4 to Section 103.114 (Register 87, No. 14). For prior history, see Register 82, No. 16.

Note: Authority cited: Section 5255, Financial Code. Reference: Sections 5258, 5510, 5511, 5700 and 6005, Financial Code; and Section 11500, Government Code.

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