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California Business And Professions Code Section 809.3

Legal Research Home > California Lawyer > Business and Professions Code > California Business And Professions Code Section 809.3

(a) During a hearing concerning a final proposed action for
which reporting is required to be filed under Section 805, both
parties shall have all of the following rights:
   (1) To be provided with all of the information made available to
the trier of fact.
   (2) To have a record made of the proceedings, copies of which may
be obtained  by the licentiate upon payment of any reasonable charges
associated with the preparation thereof.
   (3) To call, examine, and cross-examine witnesses.
   (4) To present and rebut evidence determined by the arbitrator or
presiding officer to be relevant.
   (5) To submit a written statement at the close of the hearing.
   (b) The burden of presenting evidence and proof during the hearing
shall be as follows:
   (1) The peer review body shall have the initial duty to present
evidence which supports the charge or recommended action.
   (2) Initial applicants shall bear the burden of persuading the
trier of fact by a preponderance of the evidence of their
qualifications by producing information which allows for adequate
evaluation and resolution of reasonable doubts concerning their
current qualifications for staff privileges, membership, or
employment.  Initial applicants shall not be permitted to introduce
information not produced upon request of the peer review body during
the application process, unless the initial applicant establishes
that the information could not have been produced previously in the
exercise of reasonable diligence.
   (3) Except as provided above for initial applicants, the peer
review body shall bear the burden of persuading the trier of fact by
a preponderance of the evidence that the action or recommendation is
reasonable and warranted.
   (c) The peer review body shall adopt written provisions governing
whether a licentiate shall have the option of being represented by an
attorney at the licentiate's  expense.  No peer review body shall be
represented by an attorney if the licentiate is not so represented,
except dental professional society peer review bodies may be
represented by an attorney provided that the peer review body grants
each licentiate the option of being represented by an attorney at the
licentiate's expense, even if the licentiate declines to be
represented by an attorney.

Last modified: January 12, 2009