1. (a) If an applicant or representative timely appeals a staff recommendation or determination, as stated in section 647.20, the Board will assign a hearing officer to review the application and appeal.

2. (b) After the appeal is reviewed, Board staff shall send the applicant or the applicant's representative a notice containing the following:

   1. (1) The factual and legal bases for the hearing officer's recommendation;
   2. (2) Notice of the applicant's right to a hearing; and
   3. (3) Instructions on how to request a hearing.
3. (c) To obtain a hearing, the applicant or representative must request a hearing, in writing, within 20 calendar days of the date on the notice of the hearing officer's recommendation. An applicant or representative who requests a hearing may request to be physically present, or request to appear by telephone or video conference.
4. (d) The applicant or representative may submit additional evidence for consideration on appeal within 30 calendar days of the date on the notice pursuant to subdivision (b) regardless of whether a hearing is requested. If the applicant or representative submits additional evidence but does not choose to have a hearing, the hearing officer will issue a proposed decision based on the evidence in the record.
5. (e) If a hearing is requested, the hearing officer shall set the date and time of the hearing. Notice of the date and time for the hearing will be provided to the applicant or representative.

6. (f) A notice of hearing shall be sent to the applicant and, if applicable, to the applicant's representative at least 20 calendar days before the start of the hearing. The notice shall contain:

   1. (1) The date, time and location of the hearing; and
   2. (2) Instructions on how to attend the hearing.
7. (g) If the applicant does not request a hearing or submit additional evidence to be considered with the appeal, the hearing officer's recommendation, which was sent to the applicant or the representative pursuant to subdivision (b), will be submitted to the Board for adoption as a final decision.

Note: Authority cited: Sections 11400.20, 13920 and 13974, Government Code. Reference: Sections 13959 and 13973, 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 Interim regulations expire on 12-31-98 unless earlier amended or repealed.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 a permanent rulemaking with amendments and filed 2-17-99; operative 2-17-99 pursuant to Government Code section 11400.20 (Register 99, No. 12).

3. Change without regulatory effect amending section and Note filed 11-3-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 45).

4. Repealer and new section filed 8-3-2009; operative 9-2-2009 (Register 2009, No. 32).

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