1. (a) A party may file a motion to remand the case back to the licensing authority in accordance with Business and Professions Code section 26044 on the grounds that there is relevant evidence which, in the exercise of reasonable diligence, could not have been produced at the underlying hearing. In support of the motion, the party shall submit the following in the form of a declaration or affidavit:

   1. (1) The substance of the newly discovered evidence;
   2. (2) Its relevancy and the part of the record to which it pertains;
   3. (3) Names of witnesses to be produced, if any, and their expected testimony;
   4. (4) The nature of any exhibits to be introduced, if any; and
   5. (5) A detailed statement of the reasons why such evidence could not, with due diligence, have been discovered and produced at the underlying hearing. Merely cumulative evidence shall not constitute a valid ground for remand.

Note: Authority cited: Section 26042, Business and Professions Code. Reference: Sections 26042, 26043 and 26044, Business and Professions Code.

History

1. New article 6 (section 6009) and section filed 4-12-2019; operative 7-1-2019 (Register 2019, No. 15).