Chapter 6. Division of Labor Standards Enforcement [FNA1]
Subchapter 13. Janitorial Registration and Training
Article 4. Denial of Registration; Suspension and Revocation (Refs & Annos)

§ 13816. Conduct of Hearing; Rules of Evidence; Role of Hearing Officer.

(a) The hearing shall be presided over by a hearing officer appointed by the Labor Commissioner. A contested hearing shall be conducted in accordance with the procedures set forth in this section and section 13817 of this subchapter.

(b) The hearing need not be conducted according to the technical rules of evidence relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions, except that the rules of privilege shall be effective to the extent that they are otherwise required by statute to be recognized at the hearing.

(c) Hearsay evidence may be used to supplement or explain other evidence but shall not of itself be sufficient to support a finding. An objection is timely if made before submission of the case.

(d) The hearing officer, in exercising sound discretion, may control the order of presentation of evidence at the hearing, keep out repetitive and cumulative evidence, and otherwise rule out evidence.

Note: Authority cited: Section 1422, Labor Code. Reference: Section 1428, Labor Code.

HISTORY

1. New section filed 7-1-2020; operative 7-15-2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 27). (Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-66-20.)