Cal. Code Regs. Tit. 8, § 20243 - Motion for Decision for Lack of Evidence
(a) After the general counsel or the respondent has completed its presentation of evidence, the opposing party, without waiving its right to offer evidence in support of its defense or in rebuttal in the event the motion is not granted, may move for decision in its favor in whole or in part. The motion shall be granted if the administrative law judge finds that there is no evidence in the record of sufficient substance to support a decision on the merits in favor of the party against whom the motion is directed; provided, that, in making this finding, the administrative law judge shall give to the evidence of said party all value to which it is legally entitled, making every favorable, legitimate inference which may be drawn from that evidence; provided further, that, with respect to the credibility of that party's witnesses, the administrative law judge may disregard such testimony as he or she finds to be manifestly unworthy of belief.
(b) Any ruling granting a motion for decision as to all issues involved in the action shall be in writing with reasons stated and shall be served on all parties and the executive secretary. Any such ruling shall include a recommended order. Such ruling and recommended order is tantamount to an administrative law judge's decision and is reviewable as provided in sections 20279 et seq. or, in the alternative, a party may elect to seek review as provided in section 20242(b).
(c) If the evidence supports the granting of the motion as to some but not all of the issues, the administrative law judge shall grant the motion as to those issues; the administrative law judge's ruling may be made orally or in writing as provided in section 20241(c) and shall be noted in the judge's decision. Such ruling is subject to review under section 20242(b), but special permission is required; such a ruling is also reviewable by way of exception to the administrative law judge's decision pursuant to sections 20279 et seq.
(d) As to any ruling pursuant to this section which is based in whole or in part on a finding that testimony is manifestly unworthy of belief, the administrative law judge shall state, orally or in writing as provided above, the reason(s) for the finding.
Note: Authority cited: Section 1144, Labor Code. Reference: Sections 1160.2 and 1160.3, Labor Code.
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