§ 26.0431 — Probable Cause Hearing

§26.0431 Probable Cause Hearing

(a) The Probable Cause Hearing shall be closed to the public unless the Respondents named in the Probable Cause Report request in writing or on the record at the hearing that the Probable Cause Hearing be held in public. If there are multiple Respondents in disagreement regarding whether or not to hold the Probable Cause Hearing in public, the Presiding Authority shall bifurcate the hearing to satisfy each Respondent’s request for a public or private hearing. (b) Formal rules of the California Evidence Code shall not apply to a Probable Cause Hearing held pursuant to these procedures. (c) The Presiding Authority shall have the authority to administer oaths and affirmations at the Probable Cause Hearing. (d) The Presiding Authority may continue the Probable Cause Hearing based on good cause shown by one of the Parties to the hearing, if the Presiding Authority determines that due process has not been adequately afforded. (e) The Presiding Authority shall find that Probable Cause exists only if the Presiding Authority determines that the evidence is sufficient to lead a person of ordinary caution and prudence to believe that a violation has been committed and that the Respondent may have committed or caused the violation. (1) If the Presiding Authority is one Commissioner, the Presiding Authority shall take the matter under submission, and make a recommendation regarding whether or not probable cause exists. Reasonable effort shall be made to submit a Probable Cause Recommendation to the Commission within thirty calendar days of the conclusion of the Probable Cause Hearing. (2) If the Presiding Authority is an ad hoc subcommittee composed of three Commissioners, such subcommittee shall take the matter under submission and, based on the concurrence of at least two members of the subcommittee, make a recommendation regarding whether or not probable cause exists. Reasonable effort shall be made to submit a Probable Cause Recommendation to the Commission within thirty calendar days of the conclusion of the Probable Cause Hearing. (3) If the Presiding Authority is an individual selected pursuant to Section 26.0430(b)(2)(C), such individual shall take the matter under submission and make a recommendation regarding whether or not probable cause exists. Reasonable effort shall be made to submit a Probable Cause Recommendation to the Commission within thirty calendar days of the conclusion of the Probable Cause Hearing.

(“Probable Cause Hearing” added 2-11-2002 by O-19034 N.S.) (Amended 12-6-2006 by O-19555 N.S.; effective 1-5-2007.) (Amended 11-13-2008 by O-19797 N.S; effective 12-13-2008.)