Section 1596.8872 Of Article 4. Suspension And Revocation From California Health And Safety Code >> Division 2. >> Chapter 3.4. >> Article 4.
1596.8872
. (a) (1) An out-of-court statement made by a minor under
12 years of age who is the subject or victim of an allegation at
issue is admissible evidence at an administrative hearing conducted
pursuant to this article. The out-of-court statement may be used to
support a finding of fact unless an objection is timely made and the
objecting party establishes that the statement is unreliable because
it was the product of fraud, deceit, or undue influence. However, the
out-of-court statement may not be the sole basis for the finding of
fact, unless the adjudicator finds that the time, content, and
circumstances of the statement provide sufficient indicia of
reliability.
(2) The proponent of the statement shall give reasonable notice to
all parties of the intended introduction of the statement at the
hearing.
(3) For purposes of this subdivision, an objection is timely if it
identifies with reasonable specificity the disputed out-of-court
statement and it gives the proponent of the evidence a reasonable
period of time to prepare a response to the objection prior to the
hearing.
(b) This section shall not be construed to limit the right of any
party to the administrative hearing to subpoena a witness whose
statement is admitted as evidence or to introduce admissible evidence
relevant to the weight of the hearsay evidence or the credibility of
the hearsay declarant.