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§ 1572. Conduct of Hearing.

9 CA ADC § 1572Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 9. Rehabilitative and Developmental Services
Division 1. Department of Mental Health
Chapter 9. Audit Appeals of Community Mental Health Services Under the Short-Doyle Act
Article 4. Formal Appeal Hearing
9 CCR § 1572
§ 1572. Conduct of Hearing.
(a) Testimony shall be taken only by oath or affirmation and under penalty of perjury.
(b) Each party shall have the right to call and examine parties and witnesses, to introduce exhibits, to question opposing witnesses and parties on any matter relevant to the issue even though the matter was not covered in the direct examination, to impeach any witness regardless of which party first called that witness to testify, and to rebut evidence.
(c) Any relevant evidence shall be admitted if it is the type 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 the admission of such evidence improper, over objection, in civil or criminal actions.
(d) A hearing officer may order the taking of interrogatories and depositions, and assess the expense to the requesting party when the hearing officer deems it proper.
(e) A hearing officer may question any party or witness and may admit any relevant and material evidence.
(f) The hearing officer shall control the taking of evidence in a manner best suited to ascertain the facts and safeguard the rights of the parties. Prior to taking evidence, the hearing officer shall explain the issues and the order in which evidence will be received.
(g) A party has the burden of proving whatever facts it must establish to sustain its position.
(h) The burden of producing evidence as to a particular fact is on the party against whom a finding on that fact would be required in the absence of further evidence.

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Note: Authority cited: Sections 5400 and 5750, Welfare and Institutions Code. Reference: Sections 5700.1 and 5712, Welfare and Institutions Code.
This database is current through 6/14/24 Register 2024, No. 24.
Cal. Admin. Code tit. 9, § 1572, 9 CA ADC § 1572
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