California Code of Regulations
Title 15 - Crime Prevention and Corrections
Division 1 - Board of State and Community Corrections
Chapter 1 - Board of State and Community Corrections
Subchapter 7 - Local Youthful Offender Rehabilitative Facility Construction Financing Program
Article 5 - Appeal Procedures
Section 1890 - Board of State and Community Corrections' Hearing Procedures
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(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 appellant 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 between the hearing panel and the appellant 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.
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 A Certificate of Compliance must be transmitted to OAL by 7-13-2009 or emergency language will be repealed by operation of law on the following day.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 subsections (a) and (c), transmitted to OAL 7-8-2009 and filed 8-18-2009 (Register 2009, No. 34).
3. Amendment of section heading and section filed 8-14-2014 as an emergency; operative 8-14-2014 (Register 2014, No. 33). A Certificate of Compliance must be transmitted to OAL by 2-10-2015 or emergency language will be repealed by operation of law on the following day.
4. Amendment of section heading and section refiled 3-16-2015 as an emergency; operative 3-18-2015 pursuant to Government Code section 11346.1(d) (Register 2015, No. 12). A Certificate of Compliance must be transmitted to OAL by 6-16-2015 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 3-16-2015 order, including further amendment of subsections (a) and (c), transmitted to OAL 6-11-2015 and filed 7-15-2015; amendments effective 7-15-2015 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 29).
Note: Authority cited: Section 6030, Penal Code; and Section 1975, Welfare and Institutions Code. Reference: Section 1975, Welfare and Institutions Code.
