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

§ 13817. Rights of Parties at Hearing; Taking of Evidence; Rules of Procedure.

(a) Each party to a hearing shall have the right to appear in person and by counsel, to call and examine witnesses and cross-examine opposing witnesses on any matter relevant to the issues regardless of whether that matter was covered in the direct examination, to impeach any witness regardless of which party first called the witness to testify, to rebut evidence, and to introduce documentary exhibits and other evidence.

(b) Oral evidence shall be taken only on oath and affirmation.

(c) Declarations may be admitted into evidence at a contested hearing in accordance with the procedure for admitting affidavits set forth at Government Code section 11514.

(d) The hearing proceedings shall be electronically recorded. In lieu of or supplemental to an electronic recording, the hearing officer shall allow a party to have the proceedings transcribed by a court reporter, provided that the court reporter furnish the Labor Commissioner with a certified copy of the transcript as soon as it is prepared, and that the party requesting that the proceedings be transcribed pay the cost of all transcripts.

(e) At any time before the matter is submitted for decision, the Labor Commissioner may file or permit the filing of an amended or supplemental accusation or statement of issues. If the amended or supplemental accusation or statement of issues presents new charges, the Labor Commissioner shall afford the respondent a reasonable opportunity to prepare a defense thereto. Any new charges shall be deemed controverted, and any objections to the amended or supplemental accusation or statement of issues may be made orally during the hearing.

Note: Authority cited: Section 1422, Labor Code. Reference: Sections 1428, 1429 and 1430, 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.)