§ 351. Definitions.

The following definitions shall apply to this article:

(a) “Appeal hearing” means an administrative procedure providing an appellant with an opportunity to present the facts of the appeal for the formal decision concerning matters raised in Section 350 of these regulations. Such hearing may be conducted using oral and/or written testimony as specified by the Board or its Executive Director.

(b) “Appellant” means a county or city that files a request for an appeal hearing.

(c) “Executive Director” means the Executive Director of the Board.

(d) “Request for appeal hearing” means a clear written expression of dissatisfaction about a procedure or action taken, including a request for a hearing on the matter filed with the Executive Director or the Board.

(e) “Filing date” means the date a request for an appeal hearing is received by the Executive Director or the Board.

(f) “Authorized representative” means an individual authorized by the appellant to act as his representative in any or all aspects of the hearing.

(g) “Hearing panel” means a panel of three members of the Board who shall be selected by the Chairman at the time the appeal is filed. A fourth member may be designated as an alternate. Members designated to the hearing panel shall not work for or reside in the county or city submitting the appeal.

(h) “Proposed decision” means a written recommendation from the hearing panel/hearing officer to the full Board containing a summary of facts and a recommended decision on the appeal.

(i) “Notice of decision” means a written statement by the Executive Director or the Board which contains the formal decision of the Executive Director or the Board and the reason for that decision.

HISTORY

1. Amendment of subsections (b) and (d) filed 5-7-82; effective thirtieth day thereafter (Register 82, No. 19).

2. Amendment of subsection (g) filed 10-22-86; designated effective 7-1-87 (Register 87, No. 22).

3. Amendment filed 7-1-96; operative 7-31-96 (Register 96, No. 27).

4. Change without regulatory effect amending section and Note filed 1-7-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 2).

Note

Note: Authority cited: Sections 6030 and 6035, Penal Code. Reference: Section 6036, Penal Code.