1. (a) A hearing based upon an application under Government Code sections 13950-13966 shall be closed to the public unless the applicant or the applicant's representative requests that the hearing be open to the public.

2. (b) The Board or hearing officer shall not exclude:

   1. (1) Board members;
   2. (2) the hearing officer;
   3. (3) Board staff;
   4. (4) the applicant;
   5. (5) a minor applicant's parents or guardians;
   6. (6) the applicant's representative;
   7. (7) witnesses during their testimony;
   8. (8) translator or interpreter; and
   9. (9) other persons of the applicant's choice to provide assistance to the applicant during the hearing.
3. (c) The Board or hearing officer may exclude an applicant, representative, or witness if the individual is threatening, abusing, or harassing the Board member, the hearing officer, or others.

Note: Authority cited: Sections 11400.20, 13920 and 13974, Government Code. Reference: Sections 6254.17, 11125.8, 11425.20, 13954(d) and 13959, 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 Interim regulations expire on 12-31-98 unless earlier amended or repealed.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 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. Amendment of section and Note filed 8-3-2009; operative 9-2-2009 (Register 2009, No. 32).