- (a) Reliability. The reliability of confidential information to be used shall be established to the satisfaction of the hearing officer. A finding of reliability shall be documented by the hearing officer. A hearing may be continued to establish the reliability of the information or to request the Director to designate the information as nonconfidential.
- (b) Documentation. If confidential information affects a decision, the individual shall be notified of the general nature of that information and the reasons for its being held confidential.
No decision shall be based upon information that is not available to the person charged with a violation unless the information has been designated confidential.
Note: Authority cited: Section 3156, Welfare and Institutions Code. Reference: In Re Olson, 37 Cal. App. 3d 783 (1974); and In Re Bye, 12 Cal.3d 96 (1974), certiorari denied, 420 U.S. 996 (1975).