1. (a) The board or hearing officer may order a party, the party's representative, or both, to pay reasonable expenses, including attorney's fees, as a result of:

   1. (1) bad faith or frivolous actions or tactics; or
   2. (2) actions or tactics solely intended to cause unnecessary delay.

2. (b) For the purpose of this section, actions include, but are not limited to:

   1. (1) the making or opposing of motions, objections, or requests; and
   2. (2) the failure to comply with a lawful order of the board or hearing officer.

3. (c) For the purpose of this section, frivolous means:

   1. (1) totally without merit; or
   2. (2) for the sole purpose of harassing another party or the board.

4. (d) Before imposing sanctions under this section, the board or hearing officer shall provide the party notice and an opportunity to be heard.

   1. (1) The notice and opportunity to be heard may occur either at the time the issue of sanctions is raised, or at another time.

Note: Authority cited: Sections 11400.20, 13920, 13968(a) and 13974, Government Code; and Section 4906, Penal Code. Reference: Section 11455.30, 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 Interim regulations expire on 12-31-98 unless earlier amended or repealed.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).