California Code of Regulations
Title 22 - Social Security
Division 2 - Department of Social Services-Department of Health Services
Part 2 - Health and Welfare Agency-Department of Health Services Regulations
Subdivision 7 - California Children's Services
Chapter 13 - Resolution of Complaints and Appeals by CCS Clients or Applicants
Article 3 - CCS Fair Hearing
Section 42405 - Evidence

Universal Citation: 22 CA Code of Regs 42405

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

(a) Notwithstanding any other provision of these regulations, and unless otherwise ordered by the assigned Hearing Officer, the parties shall exchange copies of all documents and other items to be offered into evidence at the hearing other than those for impeachment or rebuttal. Each proposed exhibit shall be premarked for identification.

(b) Prior to the commencement of the CCS Fair Hearing, any party proposing to object to the receipt in evidence of any proposed exhibit shall advise the opposing party of such objection. The parties shall confer with respect to any objections in advance of the CCS Fair Hearing and attempt to resolve the objections. Failure to comply with the requirements of (a) above shall constitute a ground for objection to the introduction of undisclosed documents and other items into evidence other than for impeachment or rebuttal.

(c) In all cases, the Hearing Officer, in order to obtain additional evidence necessary for the proper determination of the case may:

(1) continue the CCS Fair Hearing and hold the record open for either party to produce additional evidence;

(2) close the hearing and hold the record open in order to permit the introduction of additional documentary evidence. Any material submitted after the close of the CCS Fair Hearing shall be made available to both parties and each party shall have the opportunity for rebuttal;

(3) order a further CCS Fair Hearing if the nature of the additional evidence or the refutation thereof makes a further hearing necessary.

1. Change without regulatory effect pursuant to Section 100, Title 1, California Code of Regulations adding new section filed 3-9-90 (Register 90, No. 13). For prior history, see Title 17, Part I, Subchapter 3, Sections 2890-2923, not consecutive.
2. Change without regulatory effect renumbering former section 42405 to new section 42127 and renumbering former section 42716 to section 42405, including amendment of NOTE, filed 1-28-2009 pursuant to section 100, title 1, California Code of Regulations (Register 2009, No. 5).

Note: Authority cited: Sections 20, 100275(a) and 123805, Health and Safety Code. Reference: Sections 123805 and 123850, Health and Safety Code.

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