(a) All hearings shall be open to public
observation pursuant to Government Code section 11425.20.
(b) The
hearing officer may:
(1) Exclude persons whose conduct impedes the
orderly conduct of the hearing;
(2)
Restrict attendance because of any of the following:
(A) the physical limitations of the hearing
facility; or
(B) to ensure a fair
hearing in the circumstances of the particular case; or
(C) the technical limitations of hearings
held virtually by telephone, videoconference, or other electronic
means;
(3) Take other
action to promote due process and the orderly conduct of the hearing;
or
(4) Exclude persons or take
actions necessary to protect the privacy or personal information of parties,
witnesses, or other persons necessary to the hearing.
(c) Except as otherwise provided by law, the
hearing shall be open to public observation, provided a written request to
observe a hearing is received by the department ten or more business days
before the date set for the commencement of the hearing.
(d) In lieu of a written request, a request
to observe a hearing may, with the approval of the department, be made by
telephone or in person.
(e)
Notwithstanding the timeliness requirement in subdivision (c), the department
may grant a late request to observe a hearing, if it is determined by the
department that the public interest would be served by granting that
request.
Notes
Cal. Code
Regs. Tit. 13, §
115.02
Note: Authority cited: Section
1651, Vehicle
Code; and Section
11400.20,
Government Code. Reference: Sections 1808, 1808.5, 16070 and 16075, and Article
3 (commencing with Section 14100) of Chapter 3 of Division 6, Vehicle Code; and
Sections
11425.10
and
11425.20,
Government Code.
Note: Authority cited: Section
1651, Vehicle
Code; and Section
11400.20,
Government Code. Reference: Sections 1808, 1808.5, 16070 and 16075, and Article
3 (commencing with Section 14100) of Chapter 3 of Division 6, Vehicle Code; and
Sections
11425.10
and
11425.20,
Government Code.
1. New
section filed 6-3-97; operative 6-3-97 (Register 97, No. 23). This interim
regulation is exempt from most of the procedural requirements of the
Administrative Procedure Act and from review by the Office of Administrative
Law pursuant to Government Code sections
11400.20
and 11400.21 and will expire on December 31, 1998 unless earlier terminated, or
replaced by, or readopted as, permanent regulations.
2. Editorial
correction of section number (Register 97, No. 28).
3. The
Department has completed proceedings to replace or readopt interim regulations
and has submitted permanent regulations for review by the Office of
Administrative Law, but permanent regulations have not been filed with the
Secretary of State. Pursuant to Government Code section
11400.20(b)(2),
the interim regulations are extended until the date permanent regulations are
filed with the Secretary of State or March 31, 1999, whichever is earlier
(Register 98, No. 51).
4. Permanent regulations filed 3-31-99;
operative 3-31-99 pursuant to Government Code section
11343.4(d)(Register
99, No. 14).
5. Amendment filed 6-27-2024; operative
7/1/2024 pursuant
to Government Code section
11343.4(b)(3)
(Register
2024, No. 26).
