1. (a) The administrative law judge shall promptly issue the decision, and the agency shall promptly serve it.
2. (b) The decision shall set forth the issue, the findings of facts, the reasons for decision, the decision, and the date served.
3. (c) The findings of facts shall be based exclusively on the evidence of record in the proceeding and on matters officially noticed in the proceeding.
4. (d) If a factual determination is based substantially on the credibility of a witness, the reasons for the decision shall identify any specific evidence of the observed demeanor, manner, or attitude of the witness that supports the determination.
5. (e) A penalty may not be based on a guideline, criterion, bulletin, manual, instruction, order, standard of general application, or other rule subject to Chapter 3.5, commencing with section 11340, of Part 1 of Division 3 of Title 2 of the Government Code, unless it has been adopted as a regulation pursuant to that chapter.

Note: Authority cited: Section 11400.20, Government Code; and Section 411, Unemployment Insurance Code. Reference: Sections 1951, 2712 and 3262, Unemployment Insurance Code.

History

1. Renumbering of former section 5045 to new section 5065, including amendment of section and Note, filed 2-4-99; operative 3-6-99 (Register 99, No. 6).

2. Amendment of subsection (d) filed 10-7-2002; operative 11-6-2002 (Register 2002, No. 41).

3. Change without regulatory effect amending subsections (b)-(d) filed 4-19-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 16).