§ 357. Board Hearing Procedures.

(a) The hearing shall be conducted by a hearing panel designated by the Chair of the Board at a reasonable time, date, and place, but not later than 30 days after the filing of the request for hearing with the Board, unless delayed for good cause. The Board shall mail or deliver to the appellant or authorized representative a written notice of the time and place of hearing not less than 7 days prior to the hearing.

(b) The procedural time requirements may be waived with mutual consent of the appellant and the Board.

(c) Appeal hearing matters shall be set for hearing, heard, and disposed of by a notice of decision within 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 for what is determined by the hearing panel to be good cause.

(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.

(e) The hearing is not formal or judicial in nature. Pertinent and relative information, whether written or oral, will be accepted. Hearings will be tape recorded.

(f) After the hearing has been completed, the hearing panel shall submit a proposed decision in writing to the Board at its next regular public meeting.

HISTORY

1. Amendment of subsections (a)-(d) and (f) filed 7-1-96; operative 7-31-96 (Register 96, No. 27).

Note

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