Cal. Code Regs. tit. 13 § 115.08

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 115.08 - Discovery

Notwithstanding the provisions of Section 11507.6 of the Government Code, and in order to conform to the time constraints for hearings under Chapters 2 and 3 of Division 6 of the Vehicle Code:

(a) Upon written request, including electronic communication as outlined in section 115.06, by a party within 20 days of a hearing being requested or 10 or more business days before the date set for the commencement of the hearing, whichever is earlier, each party shall provide the other party with the following:

(1) The names of witnesses to the extent known to the other party, including those intended to be called to testify at the hearing, and

(2) A true copy of any document, writing, or thing which is in the possession or custody or under the control of the party and which may be relevant and admissible in evidence.

(A) All digital photographs, video, documents, or other digital-media shall be provided in a format reasonably accessible to the other party.

(B) The hearing officer may order a party to provide the digital photographs, video, documents, or other digital-media in an alternate format.

(C) If the digital-media cannot be accessed or viewed by the hearing officer it shall not be admitted.

(b) Any evidence not provided within the time required shall not be admitted at the hearing unless the proponent of the evidence can show:

(1) They did not have the document, writing, or thing in their possession, custody, or control; and

(2) They provided the evidence as soon as reasonably possible after receiving the evidence.

(c) Discovery may be served electronically by means prescribed by and in the discretion of the hearing officer.

Cal. Code Regs. Tit. 13, § 115.08

Note: Authority cited: Section 1651, Vehicle Code; and Section 11400.20, Government Code. Reference: Sections 16070 and 16075, and Articles 1-4 (commencing with Section 13800) of Chapter 3 of Division 6, Vehicle Code; and Sections 11507.6 and 11507.7, Government Code.

Note: Authority cited: Section 1651, Vehicle Code; and Section 11400.20, Government Code. Reference: Sections 16070 and 16075, and Article 3 (commencing with Section 14100) of Chapter 3 of Division 6, Vehicle Code; and Sections 11450.05, 11450.30, 11455.30, 11507.3, 11507.7, 11508(c), 11511 and 11524, Government Code.

1. New section filed 6-3-97; operative 6-3-97 (Register 97, No. 23). This interim regulation is exempt from most of the procedural requirements of the Administrative Procedure Act and from review by the Office of Administrative Law pursuant to Government Code sections 11400.20 and 11400.21 and will expire on December 31, 1998 unless earlier terminated, or replaced by, or readopted as, permanent regulations.
2. The Department has completed proceedings to replace or readopt interim regulations and has submitted permanent regulations for review by the Office of Administrative Law, but permanent regulations have not been filed with the Secretary of State. Pursuant to Government Code section 11400.20(b)(2), the interim regulations are extended until the date permanent regulations are filed with the Secretary of State or March 31, 1999, whichever is earlier (Register 98, No. 51).
3. Permanent regulations filed 3-31-99; operative 3-31-99 pursuant to Government Code section 11343.4(d)(Register 99, No. 14).
4. Renumbering of former section 115.08 to new section 115.11 and renumbering of former section 105.05 to section 115.08, including amendment of section heading and section, filed 6-27-2024; operative 7/1/2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 26).