Administrative Hearing. 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.
Alternative Process. 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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