California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 1 - Board of State and Community Corrections › Chapter 1 - Board of State and Community Corrections › Subchapter 7 - Local Youthful Offender Rehabilitative Facility Construction Financing Program › Article 5 - Appeal Procedures › Section 1878 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For the purposes of this article, the following
						definitions shall apply:
"Appeal hearing" means an administrative procedure
						providing an appellant with an opportunity to present the facts of the appeal
						for a formal decision concerning matters raised pursuant to the purposes set
						forth in Section
						1876 of these regulations.
"Appellant" means a county that files a request for an
						appeal hearing.
"Authorized representative" means an individual
						authorized by the appellant to act as his/her representative in any or all
						aspects of the hearing.
"BSCC" means the Board of State and Community
						Corrections, which acts by and through its Executive Director and
						representatives.
"Executive Director" means the Executive Director of the
						BSCC.
"Filing date" means the date a request for an appeal
						hearing is received by the Executive Director's office at the BSCC.
"Hearing panel" means a panel comprised of three members
						of the BSCC, who shall be selected by the chairperson of the BSCC at the time
						the appeal is filed. A fourth member may be designated as an alternate. Members
						designated to the hearing panel shall not:
(i) Be employed by, or be residents of, the
					 county submitting the appeal or
(ii) Be employed by any other county that has
					 a funded project or is seeking qualification for disbursement of state
					 reimbursements.
"Notice of decision" means a written statement by the
						Executive Director of the BSCC, which contains the formal decision of the BSCC
						and the reason for that decision.
"Proposed decision" means a written recommendation from
						the hearing panel to the BSCC, containing a summary of facts and a recommended
						decision on the appeal.
"Request for appeal hearing" means a clear written
						expression of dissatisfaction about a procedure or action taken and a request
						for a hearing on the matter, and filed with the Executive Director of the
						BSCC.
1. New
						section filed 2-2-2009 as an emergency; operative 2-2-2009 (Register 2009, No.
						6). A Certificate of Compliance must be transmitted to OAL by 7-13-2009 or
						emergency language will be repealed by operation of law on the following
						day.
2. Certificate of Compliance as to 2-2-2009 order, including
						amendment of definitions of "Hearing panel" and "Proposed decision,"
						transmitted to OAL 7-8-2009 and filed 8-18-2009 (Register 2009, No.
						34).
3. Amendment filed 8-14-2014 as an emergency; operative
						8-14-2014 (Register 2014, No. 33). A Certificate of Compliance must be
						transmitted to OAL by 2-10-2015 or emergency language will be repealed by
						operation of law on the following day.
4. Amendment refiled
						3-16-2015 as an emergency; operative 3-18-2015 pursuant to Government Code
						section
						11346.1(d)
						(Register 2015, No. 12). A Certificate of Compliance must be transmitted to OAL
						by 6-16-2015 or emergency language will be repealed by operation of law on the
						following day.
5. Certificate of Compliance as to 3-16-2015 order,
						including further amendment of definition of "Appellant," repealer of
						definition of "Authority" and amendment of definition of "Executive Director,"
						transmitted to OAL 6-11-2015 and filed 7-15-2015; amendments effective
						7-15-2015 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2015, No. 29).
Note: Authority cited: Section
						  6030, Penal
						  Code; and Section
						  1975,
						  Welfare and Institutions Code. Reference: Section
						  1975,
						  Welfare and Institutions Code.