California Regulations 10114

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§ 10114 Hearing and Determination

(a) The Administrative Director may appoint a designee to conduct the hearing.

 (b) The Administrative Director or designee may issue subpoenas for the attendance of persons and the production of documents or other things, to compel the attendance of persons residing anywhere within the State. Any person who is subpoen'd to appear may, instead of appearing at the time specified in the subpoena, agree with the party at whose request the subpoena was issued to appear at another time or upon agreed notice. Any failure to appear according to that agreement may be treated in all respects as a failure to appear in response to the original subpoena. The facts establishing or disproving the agreement and failure to appear may be proved by an affidavit of any person having personal knowledge of the facts.

 (c) The hearing shall be held at the place, time and date noticed, unless a continuance has been granted for good cause.

 (d) Oral evidence shall be taken only under oath or affirmation.

 (e) The hearing need not be conducted under the formal rules of evidence.

 (f) A record of the hearing shall be made.

 (g) The Administrative Director shall issue a written Determination, including a statement of the basis for the Determination, within 60 days of the date the case was submitted for decision. This requirement is directory and not jurisdictional.

 (h) The Determination shall be served on the assessee personally or by registered or certified mail. If the Determination assesses a civil penalty, the Determination shall become final 7 days after the assessee received it, and the assessee shall pay the amount assessed within 15 days of receipt, unless the assessee has filed and served a timely Request for Conference as provided by Section 10115.3 of these Regulations.

 Article 7. Appeals

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