Section 547.65 - Evidentiary Hearing(a) Request for a Board Hearing. The employee organization may request that, in lieu of the executive officer making a decision approving or disapproving the disputed contract, the disputed contract be referred to the board for a hearing. To make such a request, the employee organization shall include with its request for review written arguments, evidence, and/or declarations that show good cause exists for scheduling a hearing for the purpose of receiving evidence and hearing arguments concerning the propriety of the disputed contract.(b) Good Cause. In order to show that good cause exists for referring the disputed contract for a hearing for the purpose of taking evidence and hearing arguments, the employee organization must show that there are disputed issues of material fact regarding the contract that must be resolved before a determination is made as to whether the disputed contract meets the criteria of Government Code § 19130 and that an evidentiary hearing is necessary to resolve these disputed issues of material fact.(c) Executive Officer Determination. The determination as to whether the employee organization has shown that good cause exists for referring the disputed contract for an evidentiary hearing shall be made by the executive officer. If the executive officer determines that good cause does not exist for referring the disputed contract for an evidentiary hearing, the contract review process shall proceed as an investigation, and the executive officer shall issue a decision approving or disapproving the contract.(d) Conduct of an Evidentiary Hearing. Upon finding that the employee organization has shown good cause for referring the disputed contract for an evidentiary hearing, the executive officer shall refer the contract to an administrative law judge or other authorized representative of the board to conduct an evidentiary hearing and submit a proposed decision to the board in accordance with the procedures set forth in Government Code, Title 2, Division 5, Part 2, Chapter 2, Article 2 (commencing with §18670) and Chapter 7, Article 1 (commencing with §19570), and the board regulations promulgated thereunder.Cal. Code Regs. Tit. 2, § 547.65
1. New section filed 5-3-99; operative 5-3-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 19). Note: Authority cited: Section 18701, Government Code. Reference: Sections 19130, 19131 and 19132, Government Code; and Section 10337, Public Contract Code.
1. New section filed 5-3-99; operative 5-3-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 19).