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 1778 - 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
						1776 of these regulations.
"Appellant" means a participating 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 Board of State
						and Community Corrections.
"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
						Executive Director 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 2-4-2008 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 definitions of "Hearing panel" and "Proposed decision" filed
						11-16-2010; operative 12-16-2010 (Register 2010, No. 47).
5.
						Amendment of definition of "Hearing Panel" filed 12-5-2011 as an emergency;
						operative 12-5-2011 (Register 2011, No. 49). Pursuant to Penal Code section
						5058.3, a
						Certificate of Compliance must be transmitted to OAL by 5-14-2012 or emergency
						language will be repealed by operation of law on the following
						day.
6. Amendment of definition of "Hearing Panel" refiled 6-26-2012
						as an emergency; operative 6-26-2012 (Register 2012, No. 26). A Certificate of
						Compliance must be transmitted to OAL by 9-24-2012 or emergency language will
						be repealed by operation of law on the following day.
7. Certificate
						of Compliance as to 6-26-2012 order transmitted to OAL 8-27-2012 and filed
						9-25-2012 (Register 2012, No. 39).
8. Amendment of section 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.
9. Amendment of section 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.
10.
						Certificate of Compliance as to 7-7-2014 order transmitted to OAL 9-29-2014 and
						filed 11-6-2014 (Register 2014, No. 45).
11. 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.
12. Certificate of Compliance as to 6-18-2015 order transmitted
						to OAL 11-13-2015 and filed 12-24-2015 (Register 2015, No. 52).
13.
						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.
14. 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.
15.
						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; and Section
						  6030, Penal
						  Code. Reference: Sections
						  15820.906,
						  15820.916,
						  15820.925,
						  15820.935
						  and
						  15820.945,
						  Government Code.