Notwithstanding the provisions of Section 11507.6 of the
Government Code, and in order to conform to the time constraints for hearings
under Chapters 2 and 3 of Division 6 of the Vehicle Code:
(a) Upon written request, including
electronic communication as outlined in section
115.06, by a party within 20 days
of a
hearing being requested or 10 or more business days before the date set
for the commencement of the
hearing, whichever is earlier, each party shall
provide the other party with the following:
(1) The names of witnesses to the extent
known to the other party, including those intended to be called to testify at
the hearing, and
(2) A true copy of
any document, writing, or thing which is in the possession or custody or under
the control of the party and which may be relevant and admissible in evidence.
(A) All digital photographs, video,
documents, or other digital-media shall be provided in a format reasonably
accessible to the other party.
(B)
The hearing officer may order a party to provide the digital photographs,
video, documents, or other digital-media in an alternate format.
(C) If the digital-media cannot be accessed
or viewed by the hearing officer it shall not be admitted.
(b) Any evidence not provided
within the time required shall not be admitted at the
hearing unless the
proponent of the evidence can show:
(1) They
did not have the document, writing, or thing in their possession, custody, or
control; and
(2) They provided the
evidence as soon as reasonably possible after receiving the evidence.
(c) Discovery may be served
electronically by means prescribed by and in the discretion of the hearing
officer.
Notes
Cal. Code
Regs. Tit. 13, §
115.08
Note: Authority cited: Section
1651, Vehicle
Code; and Section
11400.20,
Government Code. Reference: Sections 16070 and 16075, and Articles 1-4
(commencing with Section 13800) of Chapter 3 of Division 6, Vehicle Code; and
Sections
11507.6
and
11507.7,
Government Code.
Note: Authority cited: Section
1651, Vehicle
Code; and Section
11400.20,
Government Code. Reference: Sections 16070 and 16075, and Article 3 (commencing
with Section 14100) of Chapter 3 of Division 6, Vehicle Code; and Sections
11450.05,
11450.30,
11455.30,
11507.3,
11507.7,
11508(c),
11511 and
11524,
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. 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).
3. Permanent regulations filed 3-31-99;
operative 3-31-99 pursuant to Government Code section
11343.4(d)(Register
99, No. 14).
4. Renumbering of former section 115.08 to new section
115.11 and renumbering of former section 105.05 to section 115.08, including
amendment of section heading and section, filed 6-27-2024; operative
7/1/2024 pursuant
to Government Code section
11343.4(b)(3)
(Register
2024, No. 26).
