1. (a) A representative may receive access to personal information about an applicant in connection with a hearing if:

   1. (1) the applicant authorizes it in writing;
   2. (2) an original authorization is submitted to the Board;
   3. (3) the applicant is entitled to have access to the information; and
   4. (4) access is authorized by Government Code section 13954(d), if applicable.

2. (b) Written authorization under this section must include:

   1. (1) the name, address and phone number of the applicant;
   2. (2) the name, address and phone number of the representative;
   3. (4) the signature of the applicant;
   4. (5) the date on which the authorization was signed;
   5. (6) a description of the information or documents that are authorized to be released; and
   6. (7) an expiration date or an expiration event that relates to the individual or the purpose of the use or disclosure.
3. (c) “Personal information” shall have the same meaning as in Civil Code section 1798(a).
4. (d) Members of the public may not inspect applications or application materials that may be withheld under the Public Records Act, Government Code section 6250-6270 unless the inspection or disclosure is authorized by this section or pursuant to a court order.

Note: Authority cited: Sections 11400.20, 13920 and 13974, Government Code. Reference: Sections 13952(d), 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 Interim regulations expire on 12-31-98 unless earlier amended or repealed.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 subsection (a)(2) and Note filed 11-3-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 45).

4. Amendment of subsections (a)(4) and (b)(7), repealer of subsection (c), subsection relettering, and amendment of newly designated subsection (d) and Note filed 8-3-2009; operative 9-2-2009 (Register 2009, No. 32).