. Rules violation hearings in an association is an administrative process not a judicial one. As such, there is no right of cross-examination. (Doe v University of So. California (2016) 246 CA4th 221, 245.) Even though boards may allow cross-examination of witnesses, the process can be very intimidating and can turn the hearing into a shouting match.
. Instead, boards should adopt alternative model such as the one used by
small claims courts where each side directs their questions and comments
to the judge.Accordingly, the parties attending a rules hearing should direct their questions and comments to the board, not to each other. The board can then, if the questions are appropriate, seek a response from the other side. This provides an orderly process without bickering and intimidation.
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