§ 578. Definitions.

For purpose of this article, the following definitions shall apply:

(a) “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 576 of these regulations.

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

(c) “Executive Officer” means the Executive Officer of the Board of Corrections.

(d) “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 Officer of the Board.

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

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

(g) “Hearing panel” means a panel comprised of three members of the Board who shall be selected by the chairperson at the time the appeal is filed. A fourth member may be designated as an alternate. Members designated to the hearing panel shall not be employed by or be residents of the county submitting the appeal nor shall they be employed by any other county that has a funded project or is seeking funds.

(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 Officer or the Board which contains the formal decision of the Executive Officer or the Board and the reason for that decision.

HISTORY

1. Amendment of subsection (g) filed 9-29-83; effective thirtieth day thereafter (Register 83, No. 40).

2. Amendment of NOTE filed 3-8-85; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 85, No. 10).

3. Amendment filed 9-28-87; operative 9-28-87 (Register 87, No. 42).

Note

Note: Authority cited: Sections 4483, 4489 and 6029.1, Penal Code; and Chapter 1519, Statutes of 1986, Sections 5.5(b) and 7(c). Reference: Section 6029.1, Penal Code; and Chapter 1519, Statutes of 1986, Sections 5.5(b) and 7(c).