California Code of Regulations
Title 16 - Professional and Vocational Regulations
Division 5 - Board for Professional Engineers and Land Surveyors
Article 1 - General Provisions
Section 405 - Delegation of Certain Functions

Universal Citation: 16 CA Code of Regs 405

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

(a) Whenever it is stated in these rules that the "Board" may or shall exercise or discharge any power, duty, purpose, function, or jurisdiction, the Board specifically has reserved the same for its own, exclusive action.

(b) Whenever it is stated the "executive officer" may or shall exercise or discharge any power, duty, purpose, function, or jurisdiction, the executive officer of the Board has the authority to act thereon.

(c) Any party in interest may appeal to the Board for review of the actions and decisions of the executive officer.

(d) Nothing herein prohibits the executive officer from redelegating to his/her subordinates as provided in Section 18572 of the Government Code.

(e) The power and discretion conferred by law upon the Board to receive and file accusations; issue notices of hearing, statements to respondent, and statements of issues; receive and file notices of defense; determine the time and place of hearings under Section 11508 of the Government Code; issue subpoenas and subpoenas duces tecum, set and calendar cases for hearing and perform other functions necessary to the businesslike dispatch of the business of the Board in connection with proceedings under the provisions of Sections 11400 through 11529 of the Government Code, prior to the hearing of such proceedings; and the certification and delivery or mailing of copies of decisions under Section 11518 of said Code are hereby delegated to and conferred upon the executive officer, or to his/her designee.

1. Amendment filed 3-27-64; effective thirtieth day thereafter (Register 64, No. 7).
2. Amendment of subsections (a), (b) and (c) filed 1-19-72; effective thirtieth day thereafter (Register 72, No. 4).
3. Amendment of subsections (c) and (e) filed 7-27-73; effective thirtieth day thereafter (Register 73, No. 30).
4. Amendment of subsection (c) filed 8-29-80; effective thirtieth day thereafter (Register 80, No. 35).
5. Amendment filed 8-10-83; effective thirtieth day thereafter (Register 83, No. 33).
6. Amendment filed 12-14-87; operative 12-14-87 (Register 87, No. 52).
7. Change without regulatory effect amending section and NOTE filed 4-19-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 17).

Note: Authority cited: Sections 6716 and 8710, Business and Professions Code. Reference: Sections 6714 and 8707, Business and Professions Code; and Sections 11400- 11529 and 18572, Government Code.

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