1. (a) A board member or hearing officer may not preside at a hearing if the board member or hearing officer:

   1. (1) has functioned as an investigator or advocate concerning the application or bid protest that is the subject of the hearing; or
   2. (2) is directly supervised by a person who has functioned as an investigator or advocate concerning the application or bid protest that is the subject of the hearing.

2. (b) A board member or hearing officer has functioned as an investigator or advocate concerning an application or bid protest if the person personally performed and was substantially involved with an application or bid protest, including:

   1. (1) personally gathered facts or information upon which a staff recommendation was made about the final disposition of the application or bid protest; or
   2. (2) personally participated in the development of a staff recommendation about the final disposition of the application or bid protest.
3. (c) A board member or hearing officer is directly supervised by a person who has functioned as an investigator or advocate concerning an application or bid protest if the work of the board member or hearing officer was assigned, evaluated, and directed, on a regular basis, by a person who engaged in the conduct listed in subdivision (b) of this section.

4. (d) A person is not substantially involved with an application or bid protest if the person:

   1. (1) engaged in the conduct listed in subdivision (b) of this section only to a marginal or trivial extent; or
   2. (2) has not developed a commitment to a particular outcome concerning the application or bid protest.

Note: Authority cited: Sections 11400.20, 13920, 13968(a) and 13974, Government Code; and Section 4906, Penal Code. Reference: Sections 11425.10(a)(4) and 11425.30, Government Code.

History

1. New section filed 10-8-97 as an interim regulation pursuant to Government Code section 11400.20; operative 10-8-97 (Register 97, No. 41). Interim regulations expire on 12-31-98 unless earlier amended or repealed.

2. Interim regulation transmitted to OAL 12-31-98 as permanent rulemaking with amendments and filed 2-17-99; operative 2-17-99 pursuant to Government Code section 11400.20 (Register 99, No. 8).

3. Editorial correction repealing erroneous History 2 and renumbering and amending former History 3 to History 2 (Register 99, No. 12).