Section 994.12 - Administrative Hearing(a) If an administrative hearing is requested by the applicant, or the person with an existing certification that has been suspended or revoked, a hearing shall be held within 30 days unless a later date is requested by the person requesting the hearing. The hearing shall be conducted by an Administrative Hearing Officer appointed by the DOJ. The hearing officer shall not have participated in the decision to deny the application for certification or in suspending or revoking the existing certification that is the subject of the hearing before them.(b) The person whose application has been denied or whose existing certification has been suspended or revoked shall be given the opportunity to be heard and to be represented by counsel during any hearing proceedings.(c) An Administrative Hearing Officer shall disqualify themself and withdraw from any case in which they cannot accord a fair and impartial hearing or consideration. Any party may request the disqualification of the Administrative Hearing Officer by filing an affidavit, prior to the taking of evidence at a hearing, stating with particularity the grounds upon which it is claimed that a fair and impartial hearing cannot be accorded. The issue shall be determined by another Administrative Hearing Officer appointed by the DOJ.(d) The proceedings at the hearing shall be reported by a certified shorthand reporter, except that, upon the consent of all the parties, the proceedings may be reported electronically.Cal. Code Regs. Tit. 11, § 994.12
1. New article 5 (sections 994.12-994.16) and section filed 11-12-2003; operative 11-12-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 46).
2. Relocation of article 5 from preceding section 994.12 to precede section 994.11, renumbering of former section 994.12 to section 994.11 and renumbering and amendment of former section 994.13 to section 994.12 filed 10-7-2010; operative 11-6-2010 (Register 2010, No. 41).
3. Change without regulatory effect amending subsections (a) and (c) filed 12-6-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 50). Note: Authority cited: Section 11102.1, Penal Code; and Section 11400.20, Government Code. Reference: Section 11102.1, Penal Code; and Sections 11445.10- 11445.60, Government Code.
1. New article 5 (sections 994.12-994.16) and section filed 11-12-2003; operative 11-12-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 46).
2. Relocation of article 5 from preceding section 994.12 to precede section 994.11, renumbering of former section 994.12 to section 994.11 and renumbering and amendment of former section 994.13 to section 994.12 filed 10-7-2010; operative 11-6-2010 (Register 2010, No. 41).
3. Change without regulatory effect amending subsections (a) and (c) filed 12-6-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 50).