Legal Question in Administrative Law in California

You should probably have a lawyer with experience before this particular administrative panel. Your lawyer would know whether and how to present the objection at a preliminary, off-the-record "in limine" conference, or whether to object at the time the so-called expert or his/her written report is offered to the administrative law judge. My guess is that this report is largely speculation and probably inadmissible under the rules of evidence as strictly applied in a court of law. However, ALJs are known to bend or disregard the courtroom rules of evidence in order to have a more complete record, even though much is inadmissible in the strict legal sense, particularly in a jury trial. The psychologist, if testifying in person, should be cross-examined and asked to admit on the record that she hasn't previously examined or met you.

what can I do ...?

Probably little, unless you are well versed in legal procedures, evidence rules, objections, cross examination, administrative law, and can effectively represent yourself in the process and 'trial' that you face. You are held to the same standards as an attorney when representing yourself.

You are always entitled to represent yourself in court. Whether you should is a different issue. The conventional wisdom is that an attorney will be able to do a better job and get a better outcome. Judges don�t like dealing with ProPers 'stumbling' through hearings.

If serious about hiring counsel to help in this, feel free to contact me. I�ll be happy to help fight and get the best outcome possible, using whatever using whatever defenses and sympathies there may be.

I would add that Christine McCall in Pasadena specializes in this type of practice. It would do you good to contact her

Expert reports are admissible in an administrative hearing. The reports are administrative hearsay and although admissible they cannot be the sole basis for a administrative law judge's determination. The judge can use administrative hearsay to support other evidence in making a determination but it cannot be the sole basis of a determination. You should object that it is administrative hearsay and admitted for a limited purpose. You may want to call the doctor as a witness to define the limited basis for the opinion. But as suggested by the other commentators it is a tactic best used by an experienced lawyer. Good luck.