§ 4150. Administrative Hearing.

(a) If a hearing is requested by the licensee/permittee, a hearing shall be held within 30 days unless time is waived by the licensee/permittee. The hearing shall be conducted by the DOJ's Administrative Hearing Officer.

(b) The licensee/permittee shall be given the opportunity to be heard and to be represented by counsel during any hearing proceedings.

(c) An Administrative Hearing Officer shall voluntarily disqualify himself or herself and withdraw from any case in which he or she cannot accord a fair and impartial hearing or consideration. Any party may request the disqualification of the Administrative Hearing Officer by filing an affidavit, prior to the taking of evidence at a hearing, stating with particularity the grounds upon which it is claimed that a fair and impartial hearing cannot be accorded. The issue shall be determined by another Administrative Hearing Officer.

(d) The proceedings at the hearing shall be reported by a phonographic reporter; except that, upon the consent of all the parties, the proceedings may be reported electronically.

HISTORY

1. Change without regulatory effect renumbering section 976.1 to section 4150 filed 6-28-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 26).

2. Change without regulatory effect amending subsections (a)-(b) and amending Note filed 12-27-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 52).

Note

Note: Authority cited: Sections 18900, 18910, 32650, 32700, 32720, 33300 and 33315, Penal Code. Reference: Sections 18900, 18910, 32650, 32700, 32720, 33300 and 33315, Penal Code; and Section 11512, Government Code.