1. (a) The hearings will not be conducted according to technical rules relating to evidence and witnesses. Any relevant non-repetitive evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs. Irrelevant and unduly repetitious evidence shall be excluded. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions.
2. (b) Oral or written representations of fact offered by any person at an article 7 hearing shall be under oath or affirmation. All written representations of fact submitted to the Commission shall be signed under penalty of perjury by persons who are authorized and competent to do so and shall be based upon the declarant's personal knowledge, information, or belief.
3. (c) Official notice may be taken in the manner and of the information described in Government Code Section 11515.

4. (d) Each party shall have the right to present witnesses, introduce exhibits, and propose to the chairperson questions for opposing witnesses. Evidence may be submitted to support or rebut any issue. If declarations are to be used in lieu of testimony, the party proposing to use the declaration shall comply with Government Code Section 11514 as follows:

   1. (1) At least ten days before the hearing, the party proposing to use a declaration in lieu of testimony shall file in accordance with section 1181.3 of these regulations, a copy of any declaration which the party proposes to introduce in evidence, together with a notice as provided in subdivision (d)(2).

   2. (2) The notice referred to in subdivision (d)(1) shall be substantially in the following form:

      The accompanying declaration of (here insert name of declarant) will be introduced as evidence at the hearing in the matter of (here insert matter and case number). (Here insert name of declarant) will not be called to testify orally and you will not be entitled to propose to the chairperson questions for the opposing witness unless you file in accordance with section 1181.3 of these regulations a request to cross-examine the declarant (here insert a date seven days after the date of filing and serving the declaration).

   3. (3) Unless the opposing party, within seven days after service, files in accordance with section 1181.3 of these regulations a request to cross-examine the declarant, the opposing party's right to cross-examine the declarant is waived and the declaration, if introduced in evidence, shall be given the same effect as if the declarant had testified orally.
   4. (4) If, however, notice in accordance with subdivision (d)(1) is not provided by the party proposing to use a declaration in lieu of testimony and an opportunity to cross-examine a declarant is not afforded to the opposing party, the declaration may be introduced in evidence but shall be given only the same effect as other hearsay evidence. In such cases, the declaration shall be electronically filed (or e-filed) with the Commission via the Commission's e-filing system, available on the Commission's website.

Note: Authority cited: Sections 17527(e), 17527(g), 17553, 17558.7, 17570, 17615.1 and 17615.8, Government Code; and Section 17000.6, Welfare and Institutions Code. Reference: Sections 11514, 11515, 17518.5, 17527(e), 17551, 17553, 17557, 17557.2, 17559, 17570, 17571 and 17615.7, Government Code.

History

1. Repealer and new section filed 5-19-2014; operative 7-1-2014 pursuant to Government Code section 11343.4(a)(3). Exempt from OAL review and submitted to OAL for printing only pursuant to Government Code section 17527 (Register 2014, No. 21).

2. Amendment of Note filed 9-24-2015; operative 10-1-2015 pursuant to Government Code section 11343.4(b)(3). Exempt from OAL review and submitted to OAL for filing and printing only pursuant to Government Code section 17527(g) (Register 2015, No. 39).

3. Amendment of subsection (b) and amendment of Note filed 2-27-2018; operative 4-1-2018 pursuant to Government Code section 11343.4(a). Exempt from OAL review and submitted to OAL for filing and printing only pursuant to Government Code section 17527(g) (Register 2018, No. 9).

4. Editorial correction of History 3 (Register 2018, No. 18).

5. Amendment of Note filed 5-9-2024; operative 7-1-2024 (Register 2024, No. 19).

6. Amendment filed 11-6-2025; operative 1-1-2026. Submitted to OAL for filing and printing only pursuant to Government Code section 17527 (Register 2025, No. 45).