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 6 - Construction Financing Program › Article 5 - Appeal Procedures › Section 1790 - 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 participating
					 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 by the hearing panel and the participating
					 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 2-4-2008 as an emergency; operative 2-4-2008 (Register 2008, No.
						6). Pursuant to Penal Code section
						5058.3, a
						Certificate of Compliance must be transmitted to OAL by 7-14-2008 or emergency
						language will be repealed by operation of law on the following
						day.
2. New section refiled 7-14-2008 as an emergency; operative
						7-14-2008 (Register 2008, No. 29). Pursuant to Penal Code section
						5058.3, a
						Certificate of Compliance must be transmitted to OAL by 10-14-2008 or emergency
						language will be repealed by operation of law on the following
						day.
3. Certificate of Compliance as to 7-14-2008 order transmitted
						to OAL 10-14-2008 and filed 11-26-2008 (Register 2008, No. 48).
4.
						Amendment of subsections (a) and (c) filed 11-16-2010; operative 12-16-2010
						(Register 2010, No. 47).
5. Amendment of section heading,
						subsections (a) and (g) and NOTE filed 1-9-2014 as an emergency; operative
						1-9-2014 (Register 2014, No. 2). A Certificate of Compliance must be
						transmitted to OAL by 7-8-2014 or emergency language will be repealed by
						operation of law on the following day.
6. Amendment of section
						heading, subsections (a) and (g) and NOTE refiled 7-7-2014 as an emergency;
						operative 7-7-2014 (Register 2014, No. 28). A Certificate of Compliance must be
						transmitted to OAL by 10-6-2014 or emergency language will be repealed by
						operation of law on the following day.
7. Certificate of Compliance
						as to 7-7-2014 order transmitted to OAL 9-29-2014 and filed 11-6-2014 (Register
						2014, No. 45).
8. Amendment of NOTE filed 6-18-2015 as an emergency;
						operative 6-18-2015 (Register 2015, No. 25). A Certificate of Compliance must
						be transmitted to OAL by 12-15-2015 or emergency language will be repealed by
						operation of law on the following day.
9. Certificate of Compliance
						as to 6-18-2015 order transmitted to OAL 11-13-2015 and filed 12-24-2015
						(Register 2015, No. 52).
10. Amendment of NOTE filed 12-29-2016 as
						an emergency; operative 12-29-2016 (Register 2016, No. 53). A Certificate of
						Compliance must be transmitted to OAL by 6-27-2017 or emergency language will
						be repealed by operation of law on the following day.
11. Amendment
						of NOTE refiled 6-28-2017 as an emergency; operative 6-28-2017 (Register 2017,
						No. 26). A Certificate of Compliance must be transmitted to OAL by 9-26-2017 or
						emergency language will be repealed by operation of law on the following
						day.
12. Certificate of Compliance as to 6-28-2017 order transmitted
						to OAL 9-22-2017 and filed 11-3-2017 (Register 2017, No. 44).
Note: Authority cited: Sections
						  15820.906,
						  15820.916,
						  15820.925,
						  15820.935
						  and
						  15820.945,
						  Government Code; Section
						  6030, Penal
						  Code. Reference: Sections
						  15820.906,
						  15820.916,
						  15820.925,
						  15820.935
						  and
						  15820.945,
						  Government Code.