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 1890 - Board of State and Community Corrections' Hearing Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The hearing shall be conducted by a hearing panel, designated by the
					 Chairperson of the BSCC, at a reasonable time, date, and place, but not later
					 than twenty-one (21) days after the filing of the request for hearing with the
					 BSCC, unless delayed upon mutual agreement by the BSCC and the appellant
					 county. The BSCC shall mail or deliver to the appellant or authorized
					 representative a written notice of the time, date, and place of hearing not
					 less than seven days prior to the hearing.
(b) The procedural time requirements may be
					 waived with mutual written consent of the parties involved.
(c) Appeal hearing matters shall be set for
					 hearing, heard, and disposed of by a notice of decision within sixty (60) days
					 from the date of the request for appeal hearing, except in those cases where
					 the appellant withdraws or abandons the request for hearing or the matter is
					 continued upon mutual agreement between the hearing panel and the appellant
					 county.
(d) An appellant may waive
					 a personal hearing before the hearing panel and, under such circumstances, the
					 hearing panel shall consider the written information submitted by the appellant
					 and other relevant information as may be deemed appropriate.
(e) The hearing is not formal in nature.
					 Pertinent and relevant information, whether written or oral, will be accepted.
					 Hearings will be tape recorded.
(f)
					 Neither the Federal Rules of Evidence nor the California Rules of Evidence
					 apply in these administrative hearings.
(g) After the hearing has been completed, the
					 hearing panel shall submit a proposed decision in writing to the BSCC at its
					 next regular public meeting.
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						emergency language will be repealed by operation of law on the following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 subsections (a) and (c), transmitted to OAL 7-8-2009 and filed
						8-18-2009 (Register 2009, No. 34).
3. Amendment of section heading
						and section 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 of section heading and section 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 subsections (a) and (c), 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.