1. (a) This section applies to decisions of the board and proposed decisions of hearing officers.

2. (b) All hearing decisions and proposed decisions shall:

   1. (1) be written; and
   2. (2) contain a statement of the factual and legal bases for the decision.
3. (c) If the factual basis for the decision includes a determination based substantially on the credibility of a witness, the decision shall identify any specific evidence of the demeanor, manner or attitude of the witness that supports the credibility determination.
4. (d) The decision shall be based on evidence in the hearing record and on matters subject to official notice under section 617.8.
5. (e) The board members or hearing officer may use relevant experience, technical competence and specialized knowledge to evaluate the evidence.

Note: Authority cited: Sections 11400.20, 13920, 13968(a) and 13974, Government Code; and Section 4906, Penal Code. Reference: Sections 11425.10(a)(6), 11425.50(c) and 13969.1(a), Government Code.

History

1. New subarticle 6 (sections 619.1-619.7) and 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 Interim regulations expire on 12-31-98 unless earlier amended or repealed.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).