- (a) Request. A witness may be requested by the person charged, the hearing officer or departmental staff.
- (b) Screening. The Board or its designated representative shall screen the list of potential witnesses and may decide not to call any witness whose testimony is clearly irrelevant or cumulative. Prior to the hearing the person charged with the violation shall be notified of any decision not to call a witness requested and of the reasons for the decision.
- (c) Notification. Parole and Community Services Division shall be advised of each adverse witness to be called for the hearing, and Parole and Community Services Division shall notify the witness of the time and place of the hearing. The individual charged with the violation shall be responsible for notifying any other witnesses.
- (d) Confidential or Fearful Witness. An adverse witness who is designated confidential or who refuses to attend a hearing for fear that his attendance or the revealing of his identity would threaten his safety shall be interviewed prior to the hearing. The witness' testimony and the reasons for his fear or for the confidential designation shall be documented. In addition, a determination shall be made as to whether there is good cause to excuse the witness' attendance, and the reasons for the decision shall be documented.
Note: Authority cited: Section 3156, Welfare and Institutions Code. Reference: In Re Bye, 12 Cal.3d 96 (1974), certiorari denied, 420 U.S. 996 (1975).
History
1. Amendment of subsection (d) filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).