§ 1790. Board of State and Community Corrections' Hearing Procedures.

(a) The hearing shall be conducted by a hearing panel, designated by the Chairperson of the BSCC, at a reasonable time, date, and place, but not later than twenty-one (21) days after the filing of the request for hearing with the BSCC, unless delayed upon mutual agreement by the BSCC and the participating county. The BSCC shall mail or deliver to the appellant or authorized representative a written notice of the time, date, and place of hearing not less than seven days prior to the hearing.

(b) The procedural time requirements may be waived with mutual written consent of the parties involved.

(c) Appeal hearing matters shall be set for hearing, heard, and disposed of by a notice of decision within sixty (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 upon mutual agreement by the hearing panel and the participating county.

(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 as may be deemed appropriate.

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

(f) Neither the Federal Rules of Evidence nor the California Rules of Evidence apply in these administrative hearings.

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

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Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-14-2008 or emergency language will be repealed by operation of law on the following day.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Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 10-14-2008 or emergency language will be repealed by operation of law on the following day.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 subsections (a) and (c) filed 11-16-2010; operative 12-16-2010 (Register 2010, No. 47).

5. Amendment of section heading, subsections (a) and (g) 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; Section 6030, Penal Code. Reference: Sections 15820.906, 15820.916 and 15820.925, Government Code.