1. (a) A person is subject to a contempt sanction for any of the following:

   1. (1) disobedience of or resistance to a lawful order;
   2. (2) refusal to take the oath or affirmation as a witness;

   3. (3) obstruction or interruption of a hearing by:

      1. (A) disorderly, contemptuous, or insolent behavior during a hearing toward the board, a board member, or a hearing officer;
      2. (B) breach of the peace, boisterous conduct or violent disturbance during a hearing; or
      3. (C) other unlawful interference with the process or proceedings;
   4. (4) violating the rules against ex parte communication in section 618.1; and
   5. (5) failure or refusal, without substantial justification, to comply with an order of the board or hearing officer.
2. (b) The board or hearing officer may certify the facts that justify a contempt sanction to the superior court in the county where the hearing is held.

3. (c) Copies of the following shall be served on the person subject to the contempt sanction:

   1. (1) the certified statement required by subsection (b); and
   2. (2) the order to show cause issued by the superior court.
4. (d) A contempt proceeding is governed by Code of Civil Procedure, sections 1209-1222.

Note: Authority cited: Sections 11400.20, 13920, 13968(a) and 13974, Government Code; and Section 4906, Penal Code. Reference: Sections 11455.10 and 11455.20, Government 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 Interim regulations expire on 12-31-98 unless earlier amended or repealed.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).