§ 1105 Witness Immunity In Hearings

This law says that people must answer questions or give documents to the board even if it might hurt them, unless the board gives them immunity or they are excused for due process reasons.

Key Takeaways

•You can be forced to testify or hand over documents even if it might incriminate you.
•The board can give you immunity so you can’t be prosecuted for what you say.
•If the board refuses immunity, they must either drop the case or limit it to keep the process fair.

Example

A person is asked to talk about a workplace accident but worries their answers could lead to criminal charges.

The board can either give the person immunity so they can talk, or if they refuse, the board must either drop the case or limit it so the person's rights are still protected.

How to Calculate

If board grants immunity → person may testify; if not → person excused and proceeding may be dismissed or limited

The board asks the person to testify or produce evidence.
The person says they might incriminate themselves.
The board decides whether to grant immunity.
If immunity is granted, the person can be compelled to testify.
If immunity is not granted, the board must excuse the person and may dismiss or limit the case to keep due process.

Board does not grant immunity to a witness in a traffic investigation.

Result: The witness is excused from testifying and the investigation must be adjusted to protect due process.

(a) Except as provided in subdivision (c), no person shall be excused from testifying or from producing any evidence in any investigation or inquiry by or hearing before the board upon the ground that the testimony or evidence required of him or her may tend to incriminate him or her or subject him or her to any penalty. (b) The board may grant immunity to any person who is compelled to testify or to produce documentary evidence before the board and who invokes the privilege against self-incrimination. (c) If the board does not grant immunity after a person invokes the privilege against self-incrimination, the board shall excuse the person from giving any testimony or producing any evidence to which the privilege against self-incrimination applies, and the board shall dismiss, continue, or limit the scope of the proceedings as necessary to ensure that the unavailability of the testimony or evidence does not deny due process of law to any party. (Amended by Stats. 1994, Ch. 45, Sec. 1. Effective January 1, 1995.)

This law says that people must answer questions or give documents to the board even if it might hurt them, unless the board gives them immunity or they are excused for due process reasons.

Key Takeaways

•You can be forced to testify or hand over documents even if it might incriminate you.
•The board can give you immunity so you can’t be prosecuted for what you say.
•If the board refuses immunity, they must either drop the case or limit it to keep the process fair.

Example

A person is asked to talk about a workplace accident but worries their answers could lead to criminal charges.

The board can either give the person immunity so they can talk, or if they refuse, the board must either drop the case or limit it so the person's rights are still protected.

How to Calculate

If board grants immunity → person may testify; if not → person excused and proceeding may be dismissed or limited

The board asks the person to testify or produce evidence.
The person says they might incriminate themselves.
The board decides whether to grant immunity.
If immunity is granted, the person can be compelled to testify.
If immunity is not granted, the board must excuse the person and may dismiss or limit the case to keep due process.

Board does not grant immunity to a witness in a traffic investigation.

Result: The witness is excused from testifying and the investigation must be adjusted to protect due process.

Key Takeaways

Example

How to Calculate

Key Terms

References

§ 1105 Witness Immunity In Hearings

Key Takeaways

Example

How to Calculate

Key Terms

References

Key Takeaways

Example

How to Calculate

Key Terms

Related Statutes

References

Key Takeaways

Example

How to Calculate

Key Terms

Related Statutes

References