Section 615.12 - Disqualification of Board Member or Hearing Officer(a) A board member or hearing officer shall disqualify himself or herself and withdraw from participating in any hearing if he or she:(1) cannot provide a fair and impartial hearing;(4) has a personal or financial interest in the outcome of the hearing.(b) A board member or hearing officer, who receives a communication in violation of section 618.1 may disqualify himself or herself from participating in the hearing.(c) The parties may waive a disqualification of a board member or hearing officer in writing or on the record at the hearing.(1) If the parties sign a written waiver of disqualification, it shall be included in the hearing record.(d) A party may request the disqualification of a board member or hearing officer from participating in a hearing for any of the reasons listed in subdivisions (a) and (b) of this section.(e) A request to disqualify a board member or hearing officer must: (1) be filed prior to the taking of any evidence at a hearing; and(2) include a declaration under penalty of perjury stating specific facts to prove that a basis to disqualify the person exists under subdivisions (a) or (b) of this section.(f) When the board is conducting the hearing, the other board members or designees who are not being challenged shall determine if the request to disqualify shall be granted or denied.(g) When a hearing officer is conducting the hearing, the hearing officer shall determine whether the request to disqualify shall be granted or denied.(h) Notwithstanding subsections (f) and (g), the board or hearing officer may refer the request to disqualify to the Executive Officer for determination.(i) Unless there is additional evidence of bias, prejudice or interest in the outcome of the hearing, it shall not be grounds for disqualification that the board member or hearing officer: (1) is or is not a member of a racial, ethnic, religious, sexual, or similar group whose rights are involved in the hearing;(2) has experience, technical competence, or specialized knowledge of, or has in any capacity expressed a view on, a legal, factual, or policy issue presented in the hearing; or(3) has as a lawyer or public official participated in the drafting of laws or regulations, or attempted to pass or defeat laws or regulations that are to be applied, interpreted or implemented in the hearing.(j) If a board member or hearing officer is disqualified for the reason stated in subsection (b), the disqualified board member or hearing officer may order that the part of the hearing record concerning the ex parte communication shall be sealed by a protective order. (1) The sealed portion of the hearing record shall not be considered when deciding the matters at issue in the hearing.(2) The sealed portion of the hearing record is part of the record for the purposes of subsequent judicial review.Cal. Code Regs. Tit. 2, § 615.12
1. New section filed 10-8-97 as an interim regulation pursuant to Government Code section 11400.20; operative 10-8-97 (Register 97, No. 41). Interim regulations expire on 12-31-98 unless earlier amended or repealed.
2. Interim regulation transmitted to OAL 12-31-98 as permanent rulemaking with amendments and filed 2-17-99; operative 2-17-99 pursuant to Government Code section 11400.20 (Register 99, No. 8).
3. Editorial correction repealing erroneous HISTORY 2 and renumbering and amending former HISTORY 3 to HISTORY 2 (Register 99, No. 12). Note: Authority cited: Sections 11400.20, 13920, 13968(a) and 13974, Government Code; and Section 4906, Penal Code. Reference: Sections 11425.10(a)(5), 11425.40 and 11430.60, Government Code.
1. New section filed 10-8-97 as an interim regulation pursuant to Government Code section 11400.20; operative 10-8-97 (Register 97, No. 41). Interim regulations expire on 12-31-98 unless earlier amended or repealed.
2. Interim regulation transmitted to OAL 12-31-98 as permanent rulemaking with amendments and filed 2-17-99; operative 2-17-99 pursuant to Government Code section 11400.20 (Register 99, No. 8).
3. Editorial correction repealing erroneous History 2 and renumbering and amending former History 3 to History 2 (Register 99, No. 12).