1. (a) The board may designate any of its decisions in whole or in part as a precedent decision.
2. (b) The board may designate a prior decision as a precedent decision.

3. (c) A decision may be designated as a precedent decision if it:

   1. (1) addresses a legal or factual issue of general public interest;
   2. (2) resolves a conflict in the law;
   3. (3) provides an overview of existing law or policy;
   4. (4) clarifies existing law or policy;
   5. (5) establishes a new rule of law or policy; or
   6. (6) contains a significant legal or policy determination of general application.
4. (d) A precedential decision may be used as legal authority to interpret and implement the law in subsequent board decisions.
5. (e) The board may reverse in whole or in part the prior designation of a decision as a precedent decision.

6. (f) The board shall maintain an index of significant legal and policy determinations contained in precedent decisions.

   1. (1) The index shall be updated annually, unless no new precedent decisions were designated.

   2. (2) The index shall be available for purchase by the public.

      1. (A) The availability of the index shall be publicized annually in the California Regulatory Notice Register.

Note: Authority cited: Sections 11400.20, 13920, 13968(a) and 13974, Government Code; and Section 4906, Penal Code. Reference: Section 11425.60, 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 Interim regulations expire on 12-31-98 unless earlier amended or repealed.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).