Home Table of Contents

§ 1147. Hearing Procedures.


Barclays Official California Code of Regulations Currentness
Title 1. General Provisions
Division 2. Office of Administrative Hearings
Chapter 2. Special Hearing Procedures(July 1, 1997)
Article 3. Appeal Procedure for Direct Service Contract Disputes Between Private, Non-Profit Human Service Organizations and Health and Welfare Agency and Its Component Departments
1 CCR § 1147
§ 1147. Hearing Procedures.
(a) Oral evidence shall be taken only on oath or affirmation.
(b) Each party shall have these rights: to call and examine witnesses; to introduce exhibits; to cross-examine opposing witnesses on any matter relevant to the issues; to impeach any witness regardless of which party first called him to testify; and to rebut the evidence against him or her.
(c) 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. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the extent that they are otherwise required by statute to be recognized at the hearing. Irrelevant and unduly repetitious evidence shall be excluded.
(d) The hearing shall be conducted in the English language, except that a party who does not proficiently speak or understand the English language and who requests language assistance shall be provided an interpreter approved by the hearing officer conducting the proceedings. The cost of providing the interpreter shall be paid by the Health and Welfare Agency or one of its component departments if the hearing officer so directs, otherwise the costs shall be paid by the party for whom the interpreter is provided.
The hearing officer's decision to direct payment shall be based upon an equitable consideration of all the circumstances in each case, such as the ability of the party in need of the interpreter to pay.
(e) The Health and Welfare Agency or any of its component departments affected by this section shall advise each party of their right to an interpreter at the same time that each party is advised of the hearing date. Each party in need of an interpreter shall also be encouraged to give timely notice to the Office of Administrative Hearings so that appropriate arrangements can be made.
(f) The rules of confidentiality, if any, of the Health and Welfare Agency or its component departments, which may apply in an adjudicatory hearing, shall apply to any interpreter in the hearing before the Office of Administrative Hearings, whether or not such rules so state.
(g) The interpreter shall not have had any involvement in the issues of the case prior to the hearing.
Note: Authority cited: Section 38065, Health and Safety Code. Reference: Sections 38060 and 38065, Health and Safety Code.
1. Change without regulatory effect renumbering former section 258 to new section 1147 filed 7-11-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 28).
This database is current through 7/29/22 Register 2022, No. 30
1 CCR § 1147, 1 CA ADC § 1147
End of Document