1. (a) A hearing shall be open to public observation. Nothing in this subdivision limits the authority of the presiding officer to order on the record, closure of a hearing or make other protective orders to the extent necessary or proper for any of the following purposes:

   1. (1) To satisfy the United States Constitution, the California Constitution, federal or state statute, or other law, including but not limited to laws protecting privileged, confidential, or other protected information.
   2. (2) To ensure a fair hearing in the circumstances of the particular case.
   3. (3) To conduct the hearing, including the manner of examining witnesses, in a way that is appropriate to protect a minor witness or a witness with a developmental disability, as defined in section 4512 of the Welfare and Institutions Code, from intimidation or other harm, taking into account the rights of all persons.

2. (b) To the extent a hearing is conducted by telephone, television, or other electronic means, and is not closed as otherwise required by law, the requirement that the meeting is open to public observation pursuant to subdivision (a) is satisfied if members of the public have an opportunity to do both of the following:

   1. (1) At reasonable times, hear or inspect the agency's record, and inspect any transcript obtained by the agency.
   2. (2) Be physically or virtually present at the place where the presiding officer is conducting the hearing. For purposes of this section, the term “present” can be satisfied either by providing a designated location from which members of the public can observe the meeting via a live audio or a video feed of the hearing made available to the public on the internet or by teleconference.
3. (c) This section does not apply to a prehearing conference or settlement conference, or proceedings for alternative dispute resolution.

Every appeal hearing, including the hearing of an adverse action appeal, shall be public, unless otherwise required by law to be closed to the public.

Note: Authority cited: Section 18701, Government Code. Reference: Sections 11425.20 and 18675, Government Code.

History

1. Renumbering and amendment of former section 51.4 to new section 58.4 filed 8-18-2010; operative 8-18-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 34).

2. Amendment of subsection (b), new subsections (b)(1)-(2) and amendment of Note filed 8-1-2024; operative 8-1-2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 31).