California Code of Regulations
Title 13 - Motor Vehicles
Division 1 - Department of Motor Vehicles
Chapter 1 - Department of Motor Vehicles
Article 2.4 - Driver Safety
Lapses of Consciousness
Section 115.02 - Public Observation

Universal Citation: 13 CA Code of Regs 115.02

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

(a) All hearings shall be open to public observation pursuant to Government Code section 11425.20.

(b) The hearing officer may:

(1) Exclude persons whose conduct impedes the orderly conduct of the hearing;

(2) Restrict attendance because of any of the following:
(A) the physical limitations of the hearing facility; or

(B) to ensure a fair hearing in the circumstances of the particular case; or

(C) the technical limitations of hearings held virtually by telephone, videoconference, or other electronic means;

(3) Take other action to promote due process and the orderly conduct of the hearing; or

(4) Exclude persons or take actions necessary to protect the privacy or personal information of parties, witnesses, or other persons necessary to the hearing.

(c) Except as otherwise provided by law, the hearing shall be open to public observation, provided a written request to observe a hearing is received by the department ten or more business days before the date set for the commencement of the hearing.

(d) In lieu of a written request, a request to observe a hearing may, with the approval of the department, be made by telephone or in person.

(e) Notwithstanding the timeliness requirement in subdivision (c), the department may grant a late request to observe a hearing, if it is determined by the department that the public interest would be served by granting that request.

Note: Authority cited: Section 1651, Vehicle Code; and Section 11400.20, Government Code. Reference: Sections 1808, 1808.5, 16070 and 16075, and Article 3 (commencing with Section 14100) of Chapter 3 of Division 6, Vehicle Code; and Sections 11425.10 and 11425.20, Government Code.

Note: Authority cited: Section 1651, Vehicle Code; and Section 11400.20, Government Code. Reference: Sections 1808, 1808.5, 16070 and 16075, and Article 3 (commencing with Section 14100) of Chapter 3 of Division 6, Vehicle Code; and Sections 11425.10 and 11425.20, Government Code.

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