Statutes, codes, and regulations
California Code Of Regulations
Title 2 - AdministrationDivision 2 - Financial OperationsChapter 2.5 - Commission on State Mandates
Article 7 - Quasi-Judicial Hearing Procedures and Decisions
Section 1187.3 - Objection to Hearing Panel, Hearing Officer, or Commission Member

Cal. Code Regs. tit. 2 § 1187.3

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Current through Register 2024 Notice Reg. No. 49, December 6, 2024
Section 1187.3 - Objection to Hearing Panel, Hearing Officer, or Commission Member
(a) Any party may ask that a matter be heard by the Commission itself rather than by a hearing panel or hearing officer.
(b) Any party may request the disqualification of any hearing officer or Commission member, before the taking of evidence at a hearing, by filing an affidavit stating with particularity the grounds upon which it is alleged that a fair and impartial hearing cannot be provided. Where the request concerns a Commission member, the issue shall be determined by the other members of the Commission. Where the request concerns the hearing officer, the issue shall be determined by the Commission itself, if the Commission itself hears the case with the hearing officer; otherwise the issue shall be determined by the hearing officer.

Cal. Code Regs. Tit. 2, § 1187.3

1. Amendment of subsection (a) filed 9-13-99; operative 9-13-99. Submitted to OAL for printing only pursuant to Government Code section 17527 (Register 99, No. 38).
2. Amendment of section heading and subsection (b) filed 9-6-2005; operative 9-6-2005. Exempt from OAL review and submitted to OAL for printing only pursuant to Government Code section 17527(g) (Register 2005, No. 36).
3. Amendment of subsection (a) and amendment of NOTE filed 10-27-2010; operative 1-1-2011. Submitted to OAL for filing and printing only pursuant to Government Code section 11343.8 (Register 2010, No. 44).
4. Repealer and new section filed 5-19-2014; operative 7-1-2014 pursuant to Government Code section 11343.4(a)(3). Exempt from OAL review and submitted to OAL for printing only pursuant to Government Code section 17527 (Register 2014, No. 21).
5. Amendment of NOTE filed 9-24-2015; operative 10-1-2015 pursuant to Government Code section 11343.4(b)(3). Exempt from OAL review and submitted to OAL for filing and printing only pursuant to Government Code section 17527(g) (Register 2015, No. 39).
6. Amendment of subsection (b) filed 1-23-2020; operative 4-1-2020 (Register 2020, No. 4).

Note: Authority cited: Sections 17527(c), 17527(g) and 17553(a), Government Code. Reference: Sections 17527, 17532 and 17551, Government Code.

1. Amendment of subsection (a) filed 9-13-99; operative 9-13-99. Submitted to OAL for printing only pursuant to Government Code section 17527 (Register 99, No. 38).
2. Amendment of section heading and subsection (b) filed 9-6-2005; operative 9-6-2005. Exempt from OAL review and submitted to OAL for printing only pursuant to Government Code section 17527(g) (Register 2005, No. 36).
3. Amendment of subsection (a) and amendment of Note filed 10-27-2010; operative 1-1-2011. Submitted to OAL for filing and printing only pursuant to Government Code section 11343.8 (Register 2010, No. 44).
4. Repealer and new section filed 5-19-2014; operative 7/1/2014 pursuant to Government Code section 11343.4(a)(3). Exempt from OAL review and submitted to OAL for printing only pursuant to Government Code section 17527 (Register 2014, No. 21).
5. Amendment of Note filed 9-24-2015; operative 10/1/2015 pursuant to Government Code section 11343.4(b)(3). Exempt from OAL review and submitted to OAL for filing and printing only pursuant to Government Code section 17527(g) (Register 2015, No. 39).
6. Amendment of subsection (b) filed 1-23-2020; operative 4/1/2020 (Register 2020, No. 4).