§ 232.47. Contempt and Monetary Sanctions.

(a) If any Person in proceedings before a Hearing Officer disobeys or resists any lawful order or refuses, without substantial justification, to respond to a subpoena, subpoena duces tecum, or refuses to take the oath or affirmation as a witness or thereafter refuses to be examined or is guilty of misconduct during a hearing or so near the place thereof as to obstruct the proceedings, or violates the prohibition against ex parte communications under Rule 07 [Section 232.07] above, the Hearing Officer may do any one or more of the following: (1) certify the facts to the Superior Court in and for the county where the proceedings are held for contempt proceedings pursuant to Government Code section 11455.20; (2) exclude the Person from the hearing room; (3) prohibit the Person from testifying or introducing certain matters in evidence; and/or (4) establish certain facts, claims, or defenses if the Person in contempt is a Party.

(b) Either the Hearing Officer by separate order or the Administrator in his or her decision may order a Party, the Party's authorized Representative, or both, to pay reasonable expenses, including attorney's fees, incurred by another Party as a result of bad faith actions or tactics that are frivolous or solely intended to cause unnecessary delay as defined in section 128.5 of the Code of Civil Procedure. Such order or the denial of such an order shall be subject to judicial review in the same manner as a decision of the Administrator on the merits. The order shall be enforceable in the same manner as a money judgment or by the contempt sanction.

HISTORY

1. New section filed 7-29-2004; operative 8-28-2004 (Register 2004, No. 31).

Note

Note: Authority cited: Section 1777.7, Labor Code; and Section 11400.20, Government Code. Reference: Section 1777.7, Labor Code; and Sections 11455.10, 11455.20 and 11455.30, Government Code.