Legal Question in Administrative Law in California
Oaths in California Administrative Law
The Administrative Procedure Act, Government Code, Title 2, Division 3, Part 1, Section
§ 11513 only requires that “Oral evidence shall be taken only on oath or affirmation.”
Unlike California Code of Civil Procedure Section 2094(a) and (b), the Administration Procedure for evidence does not import the same admonitions against perjury and the threat of penalty from a higher power. By inference, that higher power is the almighty God and/or the judicial system through civil action.
An oath should be calculated to awaken the person's conscience and impress the person's mind with the duty to tell the truth. The court shall satisfy itself that the person testifying understands that his or her testimony is being given under penalty of perjury.
Has anyone ever suffered penalties for perjury in Administrative proceedings?
2 Answers from Attorneys
Re: Oaths in California Administrative Law
Martha Stewart, etc.
Re: Oaths in California Administrative Law
Martha's case wasn't in California, but for sure there have been many successful prosecutions for perjury in California administrative proceedings.
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