1. (a) A party may provide a written request to another party at least 30 days before the informal hearing requesting to do one or both of the following:

   1. (1) Obtain the names of the witnesses the other party intends to present at the hearing, together with a brief narrative summary of their expected testimony, or a statement that no witnesses will be called.
   2. (2) Provide a copy of all written documents and an opportunity to inspect all tangible evidence the other party proposes to offer as exhibits at the hearing.
2. (b) A party who receives a written request under subdivision (a) shall comply with the request within 14 days.
3. (c) A party shall have a duty to supplement answers provided in response to subdivision (a) to include information thereafter acquired, to the extent that the information will be relied on in the hearing.
4. (d) A party may move for the presiding officer to issue an order authorizing discovery in accordance with Government Code section 11507.6 if exceptional circumstances exist.

5. (e) A party may move for the presiding officer to issue an order compelling discovery authorized by subdivisions (a) or (d) if the moving party establishes that the other party has not complied with a discovery request and the request is not overly burdensome, invasive, or otherwise not in the interest of fair and efficient adjudication of the hearing.

   1. (1) The parties shall meet and confer for an informal resolution of the discovery dispute before filing a motion to compel.
   2. (2) The motion shall be filed within seven days after the party first demonstrated failure or refusal to comply, or 15 days after the request was made and the party failed to reply to the request, whichever period is longer.
   3. (3) The presiding officer shall decide the motion on the documents filed by the parties and any oral argument and additional evidence requested by the presiding officer.
   4. (4) The order on a motion to compel shall be in writing and shall specify the date on which it is effective.
   5. (5) If a party fails, without good cause, to comply with the order, the presiding officer may prevent that party from introducing any evidence that had been requested and not produced during discovery into the administrative record. Where a willful suppression of evidence is shown to exist in violation of these rules, it shall be presumed that the findings, conclusions, and opinions therein contained would be adverse, if produced.
6. (f) This section shall not apply to any evidence used solely to impeach a witness.

Note: Authority cited: Section 11400.20, Government Code; and Sections 14536 and 40502, Public Resources Code. Reference: Section 11400.20, Government Code.

History

1. New section filed 5-12-2026; operative 7-1-2026 (Register 2026, No. 20).