Chapter 8. Office of the Director
Subchapter 2. Administration of Self-Insurance Plans
Article 11. Hearing and Appeal Procedures

§15433. Hearing Officer: Appointment and Delegation of Authority.

(a) The Director may appoint a hearing officer. The appointed hearing officer shall have full power, jurisdiction and authority to:

(1) Hold a hearing and ascertain facts for the information of the Director;

(2) Hold a pre-hearing conference and/or to a certify official acts;

(3) Regulate the course of the hearing;

(4) Join and dismiss parties in a complaint proceeding pursuant to section 15431.2 of these regulations;

(5) Grant a withdrawal, disposition or amendment;

(6) Order a continuance or to extend the submittal date of the proceeding;

(7) Approve a stipulation voluntarily entered into by the parties;

(8) Administer oaths and affirmations;

(9) Rule on objections, privileges, defenses, and the receipt of relevant and material evidence;

(10) Request a party at any time to state his theory concerning any fact or issue in the proceeding.

(11) Hear and determine all issues of fact and law presented; and

(12) Issue interlocutory and final orders, findings and decisions as may be necessary for full adjudication of the matter.

(b) The hearing officer may issue subpoenas and subpoenas duces tecum in the name of the Director for the attendance of persons and the production of testimony, books, documents, or other things, to compel attendance of persons residing anywhere within the state, subject to the provisions of Government Code section 11185.

(c) For purposes of an appeal or hearing to be heard by the Manager, the Manager shall exercise the power of a designated hearing officer.

NOTE: Authority cited: Sections 54, 55 and 3702.10, Labor Code. Reference: Sections 59, 3700, 3701, 3701.5, 3702, 3702.1, 3702.5, 3702.6, 3702.7, 3702.9, 3702.10, 3705, and 3740-3747, Labor Code; Sections 11181-11188, 15378, Government Code; Sections 1985-2031, 2033-2036, Code of Civil Procedure.

HISTORY

1. Amendment filed 12-17-90; operative 1-16-91 (Register 91, No. 6).