1. (a) The hearing officer or Executive Officer shall determine whether the hearing shall:

   1. (1) permit the presentation of oral evidence under sections 617.7 and 873.5; or
   2. (2) be limited to the submission of written materials under sections 617.6 and 873.4.

2. (b) The determination made under subsection (a) shall be based on the following factors:

   1. (1) complexity of legal or factual issues;
   2. (2) necessity to evaluate credibility of witnesses for a proper determination of issues;
   3. (3) parties' representation by legal counsel;
   4. (4) necessity of witnesses being subject to cross examination for the proper determination of issues; and
   5. (5) any other factor likely to affect a just and proper determination of issues.
3. (c) The parties shall be informed of whether the hearing will be conducted under subsection (a)(1) or (a)(2).

4. (d) The hearing officer may allow or request the parties to submit a post-hearing brief.

   1. (1) A post-hearing brief shall be limited to legal and factual arguments related to relevant issues under section 873.7 or identified by the hearing officer.
   2. (2) The hearing officer shall inform the parties of the deadline for the submission of a post-hearing brief.

Note: Authority cited: Section 13920, Government Code. Reference: Sections 10306 and 12102(h), Public Contract Code.

History

1. New section filed 12-15-97 as interim regulations under Government Code section 11400.20; operative 12-15-97 (Register 97, No. 51).

2. Interim regulation transmitted to OAL 12-31-98 as a permanent rulemaking with amendments and filed 2-17-99; operative 2-17-99 pursuant to Government Code section 11400.20 (Register 99, No. 12).