Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a)
Hearings may be conducted in-person or virtually by telephone, videoconference
or other electronic means.
(1) Any hearing
conducted all or in part virtually by telephone, videoconference, or other
electronic means must be sufficiently audible that it can be clearly recorded
and made part of the official record of the hearing. The hearing officer will
grant a continuance of the hearing if at any time the audibility is such that
it cannot be clearly recorded.
(2)
If a hearing is held virtually by telephone, videoconference, or other
electronic means, each party shall ensure that all witnesses called by that
party:
(A) Have access to appropriate
equipment to participate in the hearing,
(B) Have all information necessary to log in,
connect, or otherwise participate in the hearing, including, web links,
passwords, or telephone numbers,
(C) Have in their possession a copy of all
exhibits and discovery. Exhibits and discovery shall be provided to the witness
ten or more business days before the date set for the commencement of the
hearing.
(D) Failure to follow the
provisions of this section shall result in exclusion of the evidence and/or
witness.
(b)
A party may object to all or part of a hearing being held virtually by
telephone, videoconference, or other electronic means.
(1) Any objection to conducting all or part
of a hearing held virtually by telephone, videoconference, or other electronic
means must be made at the time the hearing is requested or scheduled.
(2) No objection to conducting all or part of
a hearing by telephone, videoconference, or other electronic means shall be
granted absent a showing of facts demonstrating the following:
(A) Actual prejudice arising from holding the
hearing virtually by telephone, videoconference, or other electronic means;
and
(B) No reasonable actions could
be taken to avoid the prejudice.
(3) The hearing officer may grant or deny the
objection or may, in their discretion, deny the objection and make such orders
or structure the hearing to address the specific issues or prejudice raised by
the objection.
Note: Authority cited: Section
1651, Vehicle
Code; and Section
11400.20,
Government Code. Reference: Sections 13558, 16070 and 16075, and Article 3
(commencing with Section 14100) of Chapter 3 of Division 6, Vehicle Code; and
Section
11440.30,
Government Code.
Note: Authority cited: Section
1651, Vehicle
Code. Reference: Sections
14104,
14104.2 and
14112,
Vehicle Code.
