Section 1364.31 - Amicus Briefs(a) A non-party with an interest in the outcome of an administrative proceeding may be permitted to file an amicus curiae brief when a panel has nonadopted a proposed decision or has received or granted a petition for reconsideration of a decision. The filing of an amicus curiae brief regarding whether a panel should nonadopt a proposed decision is not permitted.(b) A person who wishes to file an amicus curiae brief shall file with the executive director of the board a signed request, not to exceed one page, specifying the points to be argued in the brief and indicating why additional argument on those points is necessary or would be helpful to the panel. The request shall be accompanied by the original and six copies of the brief. The petitioner shall include a proof of service of the request and brief on the deputy attorney general assigned to the case. The brief shall be limited to matters contained in the record of the proceeding and shall not include or incorporate any attachments. No delay in the proceedings will be granted in order to allow an amicus curiae brief to be filed.(c) The executive director shall immediately transmit the request to the chairperson of the panel. The decision whether to grant the request shall be made by the panel chairperson and one member designated by the chairperson. In the event the vote is not unanimous, the request shall be deemed denied. The request may be granted in whole or in part or may be denied without explanation. In determining whether to grant a request to file an amicus curiae brief, the following factors, among other factors, shall be considered:(1) whether the matters in the brief will be helpful to the panel;(2) the interest of the public and public policy, including the effect of the decision on non-parties; and(3) the costs to the parties to reply to the amicus curiae brief.(d) If the request is granted, the executive director shall then transmit a copy of the brief to each panel member.(e) Where a decision has been nonadopted or a petition for reconsideration has been granted, a request to file an amicus curiae brief will be considered only if it is received no later than 45 days prior to the date on which oral argument is scheduled or the matter is to be considered by the panel if no oral argument has been requested.Cal. Code Regs. Tit. 16, § 1364.31
1. New section filed 4-7-2000; operative 5-7-2000 (Register 2000, No. 14). Note: Authority cited: Section 2018, Business and Professions Code. Reference: Section 11440.50, Government Code.
1. New section filed 4-7-2000; operative 5-7-2000 (Register 2000, No. 14).