1. (a) All hearings shall be open to public observation pursuant to Government Code section 11425.20.

2. (b) The hearing officer may:

   1. (1) Exclude persons whose conduct impedes the orderly conduct of the hearing;

   2. (2) Restrict attendance because of any of the following:

      1. (A) the physical limitations of the hearing facility; or
      2. (B) to ensure a fair hearing in the circumstances of the particular case; or
      3. (C) the technical limitations of hearings held virtually by telephone, videoconference, or other electronic means;
   3. (3) Take other action to promote due process and the orderly conduct of the hearing; or
   4. (4) Exclude persons or take actions necessary to protect the privacy or personal information of parties, witnesses, or other persons necessary to the hearing.
3. (c) Except as otherwise provided by law, the hearing shall be open to public observation, provided a written request to observe a hearing is received by the department ten or more business days before the date set for the commencement of the hearing.
4. (d) In lieu of a written request, a request to observe a hearing may, with the approval of the department, be made by telephone or in person.
5. (e) Notwithstanding the timeliness requirement in subdivision (c), the department may grant a late request to observe a hearing, if it is determined by the department that the public interest would be served by granting that request.

Note: Authority cited: Section 1651, Vehicle Code; and Section 11400.20, Government Code. Reference: Sections 1808, 1808.5, 16070 and 16075, and Article 3 (commencing with Section 14100) of Chapter 3 of Division 6, Vehicle Code; and Sections 11425.10 and 11425.20, Government Code.

History

1. New section filed 6-3-97; operative 6-3-97 (Register 97, No. 23). This interim regulation is exempt from most of the procedural requirements of the Administrative Procedure Act and from review by the Office of Administrative Law pursuant to Government Code sections 11400.20 and 11400.21 and will expire on December 31, 1998 unless earlier terminated, or replaced by, or readopted as, permanent regulations.

2. Editorial correction of section number (Register 97, No. 28).

3. The Department has completed proceedings to replace or readopt interim regulations and has submitted permanent regulations for review by the Office of Administrative Law, but permanent regulations have not been filed with the Secretary of State. Pursuant to Government Code section 11400.20(b)(2), the interim regulations are extended until the date permanent regulations are filed with the Secretary of State or March 31, 1999, whichever is earlier (Register 98, No. 51).

4. Permanent regulations filed 3-31-99; operative 3-31-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 14).

5. Amendment filed 6-27-2024; operative 7-1-2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 26).