§ 1778. Definitions.

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.

HISTORY

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Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-14-2008 or emergency language will be repealed by operation of law on the following day.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Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 10-14-2008 or emergency language will be repealed by operation of law on the following day.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.

Note

Note: Authority cited: Sections 15820.906, 15820.916 and 15820.925, Government Code; and Section 6030, Penal Code. Reference: Sections 15820.906, 15820.916 and 15820.925, Government Code.