California Business and Professions Code 19871 – (a) An evidentiary hearing described in Section 19870 shall be …
(a) An evidentiary hearing described in Section 19870 shall be conducted in accordance with regulations of the commission and as follows:
(1) Oral evidence shall be taken only upon oath or affirmation.
Terms Used In California Business and Professions Code 19871
- Applicant: means a person who has applied for a state gambling license, a key employee license, a registration, a finding of suitability, a work permit, a manufacturer's or distributor's license, or an approval of any act or transaction for which the approval or authorization of the commission or department is required or permitted under this chapter. See California Business and Professions Code 19805
- Commission: means the California Gambling Control Commission. See California Business and Professions Code 19805
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Department: means the Department of Justice. See California Business and Professions Code 19805
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Testify: Answer questions in court.
(2) Each party shall have all of the following rights:
(A) To call and examine witnesses.
(B) To introduce exhibits relevant to the issues of the case.
(C) To cross-examine opposing witnesses on any matters relevant to the issues, even if the matter was not covered on direct examination.
(D) To impeach any witness, regardless of which party first called the witness to testify.
(E) To offer rebuttal evidence.
(3) If the applicant does not testify on their own behalf, the applicant may be called and examined as if under cross-examination.
(4) The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence may be considered, and is sufficient in itself to support a finding, if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule that might make improper the admission of that evidence over objection in a civil action.
(b) This section does not confer upon an applicant a right to discovery of the department‘s investigative reports or to require disclosure of any document or information the disclosure of which is otherwise prohibited by any other provision of this chapter.
(Amended by Stats. 2021, Ch. 45, Sec. 5. (AB 120) Effective January 1, 2022.)