1. (a) The Board or hearing officer may conduct all or part of a hearing by telephone, video conference, or other simultaneous electronic means if each participant:

   1. (1) has an opportunity to participate;
   2. (2) can hear the entire hearing while it is taking place; and
   3. (3) can observe exhibits.

2. (b) For purposes of this section, a participant in a hearing includes:

   1. (1) a party;
   2. (2) a party's representative; and
   3. (3) a witness whose testimony will be provided by telephone, video conference, or other simultaneous electronic means.
3. (c) No part of a hearing shall be conducted by telephone, video conference, or other simultaneous electronic means if a party objects to it.
4. (d) All parties are responsible for their own costs if the hearing is conducted by electronic means.
5. (e) The party that requested that all or part of a hearing be conducted by electronic means may be responsible for providing, operating, and paying for all equipment needed to comply with subdivision (a). The party shall consult with the Board, hearing officer, or Executive Officer to arrange for the equipment to be set up and operated.

Note: Authority cited: Sections 11400.20, 13920 and 13974, Government Code; and Section 4906, Penal Code. Reference: Sections 13959 and 13973, Government Code; and Section 4903, Penal Code.

History

1. New section filed 10-8-97 as an interim regulation pursuant to Government Code section 11400.20; operative 10-8-97 (Register 97, No. 41). Interim regulations expire on 12-31-98 unless earlier amended or repealed.

2. Interim regulation transmitted to OAL 12-31-98 as permanent rulemaking with amendments and filed 2-17-99; operative 2-17-99 pursuant to Government Code section 11400.20 (Register 99, No. 8).

3. Editorial correction repealing erroneous History 2 and renumbering and amending former History 3 to History 2 (Register 99, No. 12).

4. Amendment of section and Note filed 1-13-2026; operative 4-1-2026 (Register 2026, No. 3).