Section 647.37.1 - Action on Proposed Decision by Board(a) The Executive Officer shall schedule consideration of a hearing officer's proposed decision on the agenda of a Board meeting.(b) The Board shall deliberate regarding the proposed decision in a closed session.(c) The Board may take any of the following actions concerning the proposed decision:(1) adopt the proposed decision in whole or in part;(2) reject the proposed decision in whole or in part; or(3) defer decision and request the hearing officer to address specific issues or obtain additional information.(d) If the Board rejects the proposed decision in whole or in part, it may take any of the following actions:(1) decide the case itself after reviewing the record, including a transcript of the hearing;(2) decide the case itself based upon a statement of facts agreed to by the parties;(3) decide the case itself by conducting a hearing to take additional evidence or argument;(4) order the hearing officer to take additional evidence or argument; or(5) order the hearing officer to address specific issues in the proposed decision.(e) If the Board rejects the proposed decision in whole or in part and orders a hearing officer to take additional evidence under subsection (d)(4), or respond to specific issues under subsection (d)(5), the hearing officer:(1) shall take additional evidence as directed by the Board or as necessary in the hearing officer's discretion; and(2) shall prepare a proposed decision as required by section 647.36.(f) If the Board remands the matter to a hearing officer under subsection (d)(4) or (d)(5), it shall be returned to the hearing officer who prepared the proposed decision, if practicable. (1) If the hearing officer who prepared the proposed decision is not reasonably available, the Executive Officer may assign it to another hearing officer.(2) If the matter is assigned to another hearing officer, the new hearing officer shall review the entire record, including a transcript, before taking additional evidence.Cal. Code Regs. Tit. 2, § 647.37.1
1. New section filed 8-3-2009; operative 9-2-2009 (Register 2009, No. 32). Note: Authority cited: Sections 11400.20, 13920 and 13974, Government Code. Reference: Sections 11125.8, 11126(c)(3), 13959 and 13973, Government Code.
1. New section filed 8-3-2009; operative 9-2-2009 (Register 2009, No. 32).