Cal. Code Regs. tit. 2 § 35.5

Current through Register 2024 Notice Reg. No. 50, December 13, 2024
Section 35.5 - Reconsideration and Action

In any meeting of the board, a vote of three concurring members is required to make any action effective whether that action is to grant or deny an appeal, request, or other matter properly before the board. Where a matter requires such action and a motion to take such action fails for lack of three concurring votes, the matter shall not be dropped from the calendar. Upon the adoption of a motion to reconsider made by any member of the board at the same, or succeeding meeting, the matter shall be reconsidered. If a motion to reconsider is not adopted within three months, the matter shall be dropped from the calendar and the appeal or request shall be deemed denied.

A member of the board may participate in the reconsideration of a matter even though the member was not present during the original consideration if the interested parties agree or if the member has reviewed a transcript of the proceedings and the documents and other materials before the board.

Cal. Code Regs. Tit. 2, § 35.5

1. New section filed 6-8-59; effective thirtieth day thereafter (Register 59, No. 9).
2. Amendment of NOTE filed 4-8-77; effective thirtieth day thereafter (Register 77, No. 15).
3. Amendment filed 12-31-85; effective thirtieth day thereafter (Register 86, No. 1).

Note: Authority cited: Section 18701, Government Code. Reference: Section 18653, Government Code.

1. New section filed 6-8-59; effective thirtieth day thereafter (Register 59, No. 9).
2. Amendment of NOTE filed 4-8-77; effective thirtieth day thereafter (Register 77, No. 15).
3. Amendment filed 12-31-85; effective thirtieth day thereafter (Register 86, No. 1).