1. (a) Oral evidence shall be taken under oath or affirmation in all hearings.

2. (b) An oath or affirmation may be administered by:

   1. (1) A member of the Board;
   2. (2) The hearing officer; and
   3. (3) A staff member of the Board, as directed by the Board.

3. (c) If oral evidence is permitted, each party has the following rights:

   1. (1) To examine witnesses called by the party;
   2. (2) To introduce exhibits into the hearing record; and
   3. (3) To rebut evidence.
4. (d) The Board or hearing officer may question any party or witness.

5. (e) A party shall not be permitted to cross examine witnesses unless provided by regulation, or permitted at the discretion of the Board, Executive Officer, or hearing officer.

   1. (1) Cross examination of a witness may be permitted if it is necessary for a proper determination of the matter.

   2. (2) In order to determine whether cross examination is necessary, the Board, Executive Officer, or hearing officer may require a party to identify the issues that would be explored in cross-examination.

      1. (A) A party may be required to state that confidential facts or sources would be involved in the issues to be explored in cross examination but may not be required to disclose the confidential facts or sources.
   3. (3) If cross examination is permitted, a witness may be cross-examined on any relevant matter even though the matter was not covered during the direct examination.
6. (f) A party appearing at a hearing shall have the witnesses and evidence present and be ready to proceed when the matter is called.

Note: Authority cited: Sections 11400.20, 13920 and 13974, Government Code; and Section 4906, Penal Code. Reference: Sections 13908, 13910, 13911, 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 Interim regulations expire on 12-31-98 unless earlier amended or repealed.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).