1. (a) Hearings shall be conducted by electronic means unless the presiding officer orders parties to appear in person. The CHO shall provide instructions on how to participate in the videoconference, identify the necessary technological equipment, and indicate what to do if technical problems arise.

   1. (1) A party may object to a hearing being conducted electronically by filing a written motion with the CHO or making an oral objection at a prehearing conference. An objection to conducting the hearing by electronic means shall be submitted to the CHO at least 14 days before the scheduled hearing.
   2. (2) If a hearing is held entirely in person, the location shall be the Department's Sacramento office.
   3. (3) If neither an entirely electronic nor entirely in-person hearing provides a party an opportunity to participate and observe exhibits, a hybrid hearing shall take place. In a hybrid hearing, parties and witnesses may participate both in person from the Department's Sacramento office and fields office maintained by the Department and electronically over videoconference.

2. (b) At a hearing, a party shall have all of the following rights:

   1. (1) To testify and to have other witnesses testify for them.
   2. (2) To cross-examine witnesses called by another party.
   3. (3) To request that any prospective witness, other than a party or their representative, be excluded from the hearing until their testimony.
   4. (4) To examine all exhibits offered into evidence by another party.
   5. (5) To object to the admission of any testimony or other evidence.
   6. (6) To appear with a representative, as provided in section 17063.5.
3. (c) If a respondent chooses not to testify, they may still be called and questioned by the Department.
4. (d) The parties have the right to provide documentary, demonstrative, testimonial, and physical evidence at the hearing. The presiding officer shall decide what evidence shall be admitted into the record.
5. (e) At a hearing, all closing arguments shall be provided orally unless the presiding officer orders otherwise.
6. (f) All hearing officers employed by the Department are authorized to administer oaths.

Note: Authority cited: Section 11400.20, Government Code; and Sections 14536 and 40502, Public Resources Code. Reference: Sections 11400.20 and 11440.30, Government Code.

History

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