1. (a) If a hearing is requested by the licensee/permittee, a hearing shall be held within 30 days unless time is waived by the licensee/permittee. The hearing shall be conducted by the DOJ's Administrative Hearing Officer.
2. (b) The licensee/permittee shall be given the opportunity to be heard and to be represented by counsel during any hearing proceedings.
3. (c) An Administrative Hearing Officer shall voluntarily disqualify themself and withdraw from any case in which the hearing officer 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.
4. (d) The proceedings at the hearing shall be reported by a phonographic reporter; except that, upon the consent of all the parties, the proceedings may be reported electronically.

Note: Authority cited: Sections 18900, 18910, 32650, 32700, 32720, 33300 and 33315, Penal Code. Reference: Sections 18900, 18910, 32650, 32700, 32720, 33300 and 33315, Penal Code; and Section 11512, Government Code.

History

1. Change without regulatory effect renumbering former section 4150 to new section 4160 filed 1-28-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 5).

2. Change without regulatory effect amending subsection (c) filed 12-6-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 50).