§ 1878. 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 1876 of these regulations.

“Appellant” means a participating county that files a request for an appeal hearing.

“Authority” means Corrections Standards Authority, which acts by and through its Executive Director and representatives.

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

“Executive Director” means the Executive Director of the Authority.

“Filing date” means the date a request for an appeal hearing is received by the Executive Director's office at the Corrections Standards Authority.

“Hearing panel” means a panel comprised of three members of the Authority, who shall be selected by the chairperson of the Authority 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 the proceeds of lease-revenue bonds.

“Notice of decision” means a written statement by the Executive Director of the Authority, which contains the formal decision of the Authority and the reason for that decision.

“Proposed decision” means a written recommendation from the hearing panel to the Authority, 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 Authority.

HISTORY

1. New section filed 2-2-2009 as an emergency; operative 2-2-2009 (Register 2009, No. 6). A Certificate of Compliance must be transmitted to OAL by 7-13-2009 or emergency language will be repealed by operation of law on the following day.

2. Certificate of Compliance as to 2-2-2009 order, including amendment of definitions of “Hearing panel” and “Proposed decision,” transmitted to OAL 7-8-2009 and filed 8-18-2009 (Register 2009, No. 34).

Note

Note: Authority cited: Section 6030, Penal Code; and Section 1975, Welfare and Institutions Code. Reference: Section 1975, Welfare and Institutions Code.