Section 120206 - State Hearing - General Rules(a) Attendance at the hearing shall be limited to the complainant, the authorized representative, the local child support agency representative, Department representative, a certified interpreter, and witnesses relevant to the issue. (1) Other persons may attend the hearing only if their attendance is permitted by the complainant, and the Administrative Law Judge determines their presence will not be adverse to the hearing.(2) The Administrative Law Judge shall be permitted to exclude a witness during the testimony of other witnesses, or exclude persons who are disruptive to the hearing.(b) Personal or telephonic appearance by the complainant or authorized representative, if any, shall be required at the hearing, unless the hearing is a rehearing or further hearing, and the State Hearing Office determines the appearance of the complainant or authorized representative is not necessary.(c) The hearing shall be conducted in an impartial manner.(d) All testimony shall be submitted under oath, affirmation, or penalty of perjury.(e) The proceedings at the hearing shall be reported by tape recorder or otherwise perpetuated by mechanical, electronic, or other means capable of reproduction or transcription.(f) The issues at the hearing shall be limited to those issues previously identified in the "Request for State Hearing," SH001, dated (06/09), by the complainant, or documented by the State Hearing Office from a verbal request for a state hearing by the complainant, that have not been dismissed by the State Hearing Office pursuant to Section 120211(c), and that are issues specified in Section 120201(a). Only a complaint that was raised in the local complaint resolution process can be raised in a state hearing. (1) If a jurisdictional issue is raised at the hearing, either by the local child support agency representative, the complainant, the authorized representative, if any, or the Administrative Law Judge, the parties shall submit evidence on the substantive issues except as provided in subparagraph (3) below, or Sections 120211(a)(1), (2), or (5).(2) No determination of the timeliness of the hearing request or other jurisdictional issue shall be made at the hearing. The request shall be dismissed by a written decision, if the Administrative Law Judge determines that jurisdiction does not exist, the request is untimely, or there is no subject matter jurisdiction.(3) If prior to or at the state hearing, the parties agree to discuss only the jurisdictional issue, or the Administrative Law Judge on their own motion determines that only the jurisdictional issue will be discussed, the parties need not submit evidence on the substantive issues, and the Administrative Law Judge shall take evidence only on the jurisdictional issue. The Administrative Law Judge shall do one of the following:(A) Inform the parties orally at the hearing or in writing within 10 days after the close of the record, that they will not proceed on the substantive issues and a decision will be prepared on the jurisdictional issue.(B) Inform the parties orally at the hearing or in writing 10 days after the close of the record, that an additional hearing will be held on the substantive issues and provide the parties a minimum of 10 days in which to prepare on the substantive issues.(g) An interpreter shall be provided by the State Hearing Office if one is requested by the complainant, or authorized representative, if any, prior to the hearing, or if at the hearing, the Administrative Law Judge determines that an interpreter is necessary. The Administrative Law Judge shall:(1) Determine if the interpreter has been certified.(2) If the interpreter is not certified, examine the qualifications and competency of the interpreter.(3) Assure objective interpretation and disqualify interpreters who are:(A) The complainant's relatives, friends, or authorized representative.(B) Local child support agency staff responsible for the action or inaction that is the basis of the complaint.(C) The local child support agency's state hearing representative.(D) Determined by the Administrative Law Judge to be detrimental to the hearing process, or appear to have an interest in the outcome of the case.(4) Administer a separate oath or affirmation to the interpreter to interpret accurately and maintain confidentiality.(h) Both the complainant and the local child support agency shall have the right to: (2) Examine parties and witnesses.(3) Conduct cross-examination for a full disclosure of the facts.(5) Examine all documents that will be introduced as evidence prior to and during the hearing.(6) Question opposing witnesses and parties on any matter relevant to the issues even though the matter was not covered in the direct examination.(7) Make oral or written argument.(i) Written communications submitted by either the complainant or the local child support agency concerning the hearing shall be made available to both parties. Copies of all such documents shall be provided to the complainant free of charge.(j) The merits of a pending state hearing shall not be discussed between the Administrative Law Judge and a local child support agency representative, Department representative, a complainant, or authorized representative, outside the presence of the other party.Cal. Code Regs. Tit. 22, § 120206
1. New section filed 6-26-2001 as an emergency; operative 7-1-2001 (Register 2001, No. 26). Pursuant to Family Code section 17306(e)(2), a Certificate of Compliance must be transmitted to OAL by 12-28-2001 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 12-18-2001 as an emergency; operative 12-30-2001 (Register 2001, No. 51). Pursuant to Family Code section 17306(e)(2), a Certificate of Compliance must be transmitted to OAL by 6-28-2002 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-18-2001 order, including amendment of section, transmitted to OAL 6-11-2002 and filed 7-24-2002 (Register 2002, No. 30).
4. Amendment of subsections (a), (f), (f)(3)-(f)(3)(B) and (j) and amendment of NOTE filed 11-30-2021; operative 6-1-2022 (Register 2021, No. 49). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20. Note: Authority cited: Sections 17306, 17310 and 17312, Family Code. Reference: Section 17801, Family Code.
1. New section filed 6-26-2001 as an emergency; operative 7-1-2001 (Register 2001, No. 26). Pursuant to Family Code section 17306(e)(2), a Certificate of Compliance must be transmitted to OAL by 12-28-2001 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 12-18-2001 as an emergency; operative 12-30-2001 (Register 2001, No. 51). Pursuant to Family Code section 17306(e)(2), a Certificate of Compliance must be transmitted to OAL by 6-28-2002 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 12-18-2001 order, including amendment of section, transmitted to OAL 6-11-2002 and filed 7-24-2002 (Register 2002, No. 30).
4. Amendment of subsections (a), (f), (f)(3)-(f)(3)(B) and (j) and amendment of Note filed 11-30-2021; operative 6/1/2022 (Register 2021, No. 49). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20.