California Code of Regulations
Title 16 - Professional and Vocational Regulations
Division 13.9 - Podiatric Medical Board of California
Article 13 - Oral Arguments; Amicus Briefs
Section 1399.731 - Amicus Briefs

Universal Citation: 16 CA Code of Regs 1399.731

Current through Register 2024 Notice Reg. No. 12, March 22, 2024

(a) A non-party with an interest in the outcome of an administrative proceeding may be permitted to file an amicus curiae brief when the board has nonadopted a proposed decision or has granted a petition for reconsideration of a decision. The filing of an amicus curiae brief regarding whether the board should nonadopt a proposed decision is not permitted.

(b) A person who wishes to file an amicus curiae brief shall file with the executive officer of the board a signed request, not to exceed one page, specifying the points to be argued in the brief and indicating why additional arguments on those points is necessary or would be helpful to the board. The request shall be accompanied by the original and seven copies of the brief. The petitioner shall include a proof of service of the request and brief on the deputy attorney general assigned to the case. The brief shall be limited to matters contained in the records of the proceeding and shall not include or incorporate any attachments. No delay in the proceedings will be granted in order to allow an amicus curiae brief to be filed.

(c) The executive officer shall immediately transmit the request to the president of the board. The decision whether to grant the request shall be made by the president and one member designated by the president. In the event the vote is not unanimous, the request shall be deemed denied. The request may be granted in whole or in part or may be denied without explanation. In determining whether to grant a request to file an amicus curiae brief, the following factors, among other factors, shall be considered:

(1) whether the matters in the brief will be helpful to the board:

(2) the interest of the public and public policy, including the effect of the decision on non-parties; and

(3) the costs to the parties to reply to the amicus curiae brief.

(d) If the request is granted, the executive director shall then transmit a copy of the brief to each board member.

(e) Where a decision has been nonadopted or a petition for reconsideration has been granted, a request to file an amicus curiae brief will be considered only if it is received no later than 45 days prior to the date on which oral argument is scheduled or the matter is to be considered by the board if no oral argument has been requested.

1. New section filed 8-22-2017; operative 10-1-2017 (Register 2017, No. 34).

Note: Authority cited: Section 2470, Business and Professions Code. Reference: Section 11440.50, Government Code.

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