Sec. 93040 - Rights and Duties of Parties at Hearing

ยง 93040. Rights and Duties of Parties at Hearing

(a) Any party shall have the right to appear at any hearing in person, by counsel, or by other representative, and any party and the hearing officer shall have power to call, examine and cross-examine witnesses and to introduce into the record documentary and other evidence. Witnesses shall be examined orally under oath. The rules of evidence prevailing in courts of law or equity shall not be controlling. Stipulations of fact may be introduced in evidence with respect to any issue.

(b) Any objection with respect to the conduct of the hearing, including any objection to the introduction of evidence, may be stated orally or in writing, accompanied by a short statement of the grounds of such objection and included in the record. No such objection shall be deemed waived by further participation in the hearing.

(c) All motions, rulings and orders shall become a part of the record. Interlocutory rulings by the hearing officer shall not be directly appealable.

(d) Any party shall be entitled, upon request, to a reasonable period at the close of the hearing for oral argument, which shall be included in the transcript of the hearing.

(e) Misconduct at any hearing shall be grounds for summary exclusion by the hearing officer from further participation in such hearing.

(f) The refusal of a witness at a hearing to answer any question which has been ruled to be proper shall in the discretion of the hearing officer be grounds for striking all testimony previously given by such witness on related matters.

(1. Renumbering of former section 15840 to new section 93040, including amendment of subsections (c) and (f) and amendment of Note, filed 3-18-2013; operative 7-1-2013 (Register 2013, No. 12).)

Note: Authority cited: Sections 3541.3(g) and 3603, Government Code; and Sections 30751, 40122, 70122, 90300, 98162.5, 100301,101344, 102403, 103401, 120505 and 125521, Appendix 1, Section 4.4, and Appendix 2, Section 13.91, Public Utilities Code. Reference: Sections 4.4, 13.91,25052, 28851, 30751, 40122, 50121, 70122, 90300, 95651, 98162.5, 100301, 101344, 102403, 103401, 120505 and 125521, Public Utilities Code. Additional reference: Labor Management Relations Act, 1947, Section 9, 29 USC Section 159; 29 CFR Sections 102.60 -102.72.

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