1. (a) Hearings on complaints filed at the local level shall be conducted within 30 days of filing the complaint. Service delivery areas shall hear both policy and audit complaints. The service delivery area shall notify both the complainant and the respondent in writing of the hearing at least ten calendar days prior to the date of the hearing. The ten-day notice may be shortened with the written consent of both parties. The hearing notice shall be in writing and shall contain the following information:

   1. (1) The date of the notice, name of the complainant, and the name of the party against whom the complaint is filed.
   2. (2) The date, time, and place of the hearing before an hearing officer.
   3. (3) A statement of the alleged violations. These statements shall accurately reflect the content of the complaint as submitted by the complainant.
   4. (4) The name, address, and telephone number of the contact person issuing the notice.
2. (b) A hearing officer shall conduct the hearing.
3. (c) The hearing shall be conducted in an informal manner with strict rules of evidence not being applicable. Both parties shall have the right to present written and/or oral testimony and arguments; the right to call and question witnesses; the right to request and examine records and documents relevant to the issues; and the right to be represented. The hearing shall be recorded electronically or by a court reporter.

Note: Authority cited: Sections 305, 306 and 15051, Unemployment Insurance Code. Reference: Job Training Partnership Act, Title 29, United States Code, Section 1554; and Title 20, Code of Federal Regulations, Sections 627.501, 627.502 and 627.503.

History

1. New section filed 6-24-99 as an emergency; operative 6-24-99 (Register 99, No. 26). A Certificate of Compliance must be transmitted to OAL by 10-22-99 or emergency language will be repealed by operation of law on the following day.

2. Certificate of Compliance as to 6-24-99 order transmitted to OAL 10-21-99; disapproved by OAL and order of repeal as to 6-24-99 order filed on 12-7-99 (Register 99, No. 50).

3. New section filed 12-8-99 as an emergency; operative 12-8-99 (Register 99, No. 50). A Certificate of Compliance must be transmitted to OAL by 4-6-2000 or emergency language will be repealed by operation of law on the following day.

4. Certificate of Compliance as to 12-8-99 order, including amendment of subsections (a) and (b) and amendment of Note, transmitted to OAL 2-24-2000 and filed 4-6-2000 (Register 2000, No. 14).