California Code of Regulations
Title 13 - Motor Vehicles
Division 1 - Department of Motor Vehicles
Chapter 2 - New Motor Vehicle Board
Article 4 - Hearings on Petitions and Appeals
Section 580 - Procedure at Hearings
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Evidence. The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall 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. Evidence that is irrelevant or unduly repetitious shall be excluded.
(b) Official Notice. Before or after submission of a matter for decision, official notice may be taken by the board of any generally accepted technical or scientific matter within the board's special area of competence or of such facts as may be judicially noticed by the courts of this state.
(c) Examination of Witnesses. Oral evidence shall be taken only on oath or affirmation. Each party shall have the right to call and examine witnesses; to introduce exhibits, to cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination; to impeach any witness regardless of which party first called the witness to testify; to rebut the evidence against the witness; and to call and examine an adverse party or adverse witness as if under cross-examination without being bound by their testimony. Board members and, at the direction of the chairman of the board presiding at the hearing or of any member of the board, representatives of the staff of the board, may participate as appropriate, using their knowledge and experience for the primary purpose of developing a full, fair and accurate record. Questioning of witnesses will be controlled by the board and will generally be permitted only by the attorneys or agents of parties so represented, or by the parties who appear on their own behalf, members of the board and its staff. The board may in its discretion, during the examination of a witness, exclude from the hearing, any or all other witnesses in the same matter.
1. Amendment
filed 3-20-73; effective thirtieth day thereafter (Register 73, No.
12).
2. Change without regulatory effect amending subsection (c)
filed 5-31-2005 pursuant to section
100, title 1, California Code of
Regulations (Register 2005, No. 22).
3. Change without regulatory
effect amending subsection (c) and adding new NOTE filed 8-22-2023 pursuant to
section 100, title 1, California Code of
Regulations (Register 2023, No. 34).
Note: Authority cited: Section 3050, Vehicle Code. Reference: Sections 11512 and 11513, Government Code; and Section 3050, Vehicle Code.
