California Code of Regulations
Title 8 - Industrial Relations
Division 1 - Department of Industrial Relations
Chapter 6 - Division of Labor Standards Enforcement
Subchapter 15 - Public List of Certain Port Drayage Motor Carriers and Customer Sharing of Liability Under Labor Code Section 2810.4
Article 3 - Hearing Procedures, Judicial Review
Section 13885 - Conduct of Hearing; Rules of Evidence; Role of Hearing Officer

Universal Citation: 8 CA Code of Regs 13885

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

(a) The hearing shall be presided over by a hearing officer appointed by the Labor Commissioner.

(b) The hearing need not be conducted according to the technical rules of evidence 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, except that the rules of privilege shall be effective to the extent that they are otherwise required by statute to be recognized at the hearing.

(c) Hearsay evidence may be used to supplement or explain other evidence, but shall not of itself be sufficient to support a finding, if it is objected to at the hearing. An objection is timely if made before submission of the case.

(d) The hearing officer appointed by the Labor Commissioner who presides over the hearing, in exercising sound discretion, may control the order of presentation of evidence at the hearing; keep out repetitive and cumulative evidence; and otherwise rule out evidence.

1. New section filed 2-16-2022; operative 4-1-2022 (Register 2022, No. 7). (Transmission deadline specified in Government Code section 11346.4(b) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.)

Note: Authority cited: Section 2810.4, Labor Code. Reference: Section 2810.4, Labor Code.

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