1. (a) The Executive Officer shall schedule consideration of a hearing officer's proposed decision on the agenda of a Board meeting.
2. (b) The Board shall deliberate in a closed session on the proposed decisions relating to any application submitted pursuant to Government Code sections 13950-13966 or 13970-13974.1.

3. (c) The Board may take any of the following actions concerning the proposed decision:

   1. (1) Adopt the proposed decision in whole or in part;
   2. (2) Reject the proposed decision in whole or in part; or
   3. (3) Defer decision and request the hearing officer to address specific issues or provide additional information.

4. (d) If the Board rejects the proposed decision in whole or in part, it may take any of the following actions:

   1. (1) Decide the case itself after reviewing the record, including a transcript of the hearing;
   2. (2) Decide the case itself based upon a statement of facts agreed to by the parties;
   3. (3) Decide the case itself by conducting a hearing to take additional evidence or argument;
   4. (4) Order the hearing officer to take additional evidence or argument; or
   5. (5) Order the hearing officer to address specific issues in the proposed decision.

5. (e) If the Board rejects the proposed decision in whole or in part and orders a hearing officer to take additional evidence under subsection (d)(4), or respond to specific issues under subsection (d)(5), the hearing officer:

   1. (1) May take additional evidence as directed by the Board or as necessary in the hearing officer's discretion; and
   2. (2) Shall prepare a proposed decision as required by section 619.3.

6. (f) If the Board remands the matter to a hearing officer under subsection (d)(4) or (d)(5), it shall be returned to the hearing officer who prepared the proposed decision, if practicable.

   1. (1) If the hearing officer who prepared the proposed decision is not reasonably available, the Executive Officer may assign it to another hearing officer.
   2. (2) If the matter is assigned to another hearing officer, the new hearing officer shall review the entire record, including a transcript, before taking additional evidence.

Note: Authority cited: Sections 11400.20, 13920 and 13974, Government Code; and Section 4906, Penal Code. Reference: Sections 13908, 13959 and 13973, Government Code; and Section 4903, Penal 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).

4. Amendment of section and Note filed 1-13-2026; operative 4-1-2026 (Register 2026, No. 3).