1. (a) Oral evidence shall only be offered under oath or affirmation.
2. (b) The hearing need not adhere to technical rules of evidence. Any relevant evidence that a reasonable person would consider reliable in a serious matter can be considered.
3. (c) Hearsay evidence is allowed to supplement or explain other evidence. If the opposing party objects, hearsay evidence shall not be sufficient in itself to support a factual finding unless it would be admissible over objection in a civil action.
4. (d) A person can prevent disclosure of relevant evidence if it is privileged by law. Where documents have been withheld based on privilege, the presiding officer has the authority to order a party to disclose the documents to the presiding officer for private review and provide a privilege log describing withheld documents.
5. (e) The presiding officer has the discretion to exclude evidence if its probative value is substantially outweighed by the probability that its admission will necessitate undue consumption of time.
6. (f) The presiding officer has the authority to take official notice of any generally accepted technical or scientific matter within the Department's field, and of any fact which may be judicially noticed in California.
7. (g) Where the evidence necessary to establish an essential fact lies solely within the knowledge and competence of one of the parties, that party has the burden of providing evidence on the issue although the party may not bear the ultimate burden of proof in the case.
8. (h) If a party offers weaker and less satisfactory evidence when the party could have produced stronger and more satisfactory evidence, the evidence offered receives less weight.
9. (i) In determining what inferences to draw from the evidence or facts in the case, the presiding officer may consider, among other things, the party's failure to explain or to deny through testimony such evidence or facts in the case against the party, or the party's willful suppression of relevant evidence.

In an informal hearing before the CHO, all of the following shall apply:

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).