Before revoking or suspending a registration or denying an application for registration, the Labor Commissioner shall notify the registrant in writing and shall provide an opportunity for hearing in accordance with the following procedures:

(a) Revocation or suspension proceedings shall be initiated by the Labor Commissioner by filing an accusation. Denial proceedings shall be initiated by the Labor Commissioner by filing a statement of issues. The accusation or statement of issues, along with a blank notice of request for hearing and a copy of this Section 13676.1, shall be served on the registrant or applicant either personally or by certified mail.

(b) The registrant or applicant may request a hearing by filing a notice of request for hearing with the Labor Commissioner within fifteen (15) calendar days after service of the accusation or statement of issues. If service of the accusation or statement of issues was by certified mail, the period for filing a notice of request for hearing shall be extended in accordance with the provision of Section 1013 of the Code of Civil Procedure. Failure to file a notice of request for hearing within said time shall constitute a waiver of the right to a hearing.

(c) A hearing shall be held within sixty (60) calendar days of the filing of a timely notice of request for hearing. The Labor Commissioner shall assign a hearing officer to conduct the hearing and shall deliver or mail to all parties a notice of hearing at least ten (10) calendar days prior to the hearing.

(d) Prior to a hearing, upon the application of any party to the proceedings, the hearing officer may issue subpoenas to compel the attendance of necessary witnesses and the production of books, papers, and documents. In the exercise of sound discretion, the hearing officer may decline to issue a subpoena absent satisfactory evidence that the witness will be able to give necessary and competent testimony that is material to the issues or in order to limit the introduction of unduly repetitive evidence.

(e) Each party to a hearing shall have the right to appear in person or by counsel; to call and examine witnesses and cross-examine opposing witnesses on any matter relevant to the issues, even though that matter was not covered in the direct examination; to impeach any witness regardless of which party first called the witness to testify; to rebut the evidence against him or her; and to introduce documentary exhibits and other evidence. Oral evidence shall be taken only on oath or affirmation.

(f) The Labor Commissioner shall record the hearing on audio tape. A party may have the hearing transcribed by a court reporter if a copy of the transcription is provided to the Labor Commissioner at no charge.

(g) The hearing need not be conducted according to the technical rules of evidence. Any relevant evidence shall be admitted if it is the sort of evidence on which a responsible person is 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 a civil action. Hearsay evidence may be used to supplement or explain other evidence, but shall not of itself be sufficient to support a finding.

(h) 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 on the evidence.

(i) Within forty-five (45) calendar days of closing the hearing record, the hearing officer shall issue a written proposed decision and transmit that proposed decision to the Labor Commissioner for review. The proposed decision shall set forth the findings of fact and legal grounds upon which the proposed decision is based. Within fifteen (15) calendar days of the issuance of the proposed decision, the Labor Commissioner shall issue, and serve upon all parties along with a copy of the proposed decision, a final decision, either adopting, modifying or rejecting the hearing officer's proposed decision. A final decision modifying or rejecting the proposed decision shall set forth the grounds therefor.

(j) A registrant or applicant may seek review of the Labor Commissioner's final decision by filing a petition for a writ of mandate with the appropriate court pursuant to Section 1094.5 of the Code of Civil Procedure.

Note: Authority cited: Sections 54, 55, 59, 1311, 1398, Labor Code. Reference: Sections 1286, 1308.1, 1308.2, 1308.3, 1308.4, Labor Code.

History

1. New Section filed 7-23-98; operative 8-22-98 (Register 98, No. 30).