§ 1792. Board of State and Community Corrections Decision.


Latest version.
  • (a) The BSCC, after receiving the proposed decision, may:
    (1) Adopt the proposed decision;
    (2) Amend the decision with or without taking additional evidence into consideration; or,
    (3) Order a further hearing to be conducted, if additional information is needed to decide the issue.
    (b) After the hearing panel's proposed decision is adopted, or an alternate decision is rendered by the BSCC or notice of new hearing ordered, the notice decision or other such actions shall be sent via certified mailed by the BSCC to the appellant.
    (c) The record of the testimony, exhibits, all papers and requests filed in the proceedings, and the hearing panel's proposed decision shall constitute the exclusive record for decision and shall be available to the appellant for one year after the date of the BSCC's notice of decision in the case.
    (d) The decision of the BSCC shall be final.
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Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 7-14-2008 or emergency language will be repealed by operation of law on the following day.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Code section 5058.3, a Certificate of Compliance must be transmitted to OAL by 10-14-2008 or emergency language will be repealed by operation of law on the following day.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 section heading, 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 A Certificate of Compliance must be transmitted to OAL by 7-8-2014 or emergency language will be repealed by operation of law on the following day.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; Section 6030, Penal Code. Reference: Sections 15820.906, 15820.916 and 15820.925, Government Code.