- (a) The hearing officer may take the matter under submission at the conclusion of the hearing.
(b) The hearing officer shall prepare a proposed decision that is:
- (1) written; and
- (2) contains a statement of the factual and legal bases for the decision.
- (c) If the factual basis for the decision includes a determination based substantially on the credibility of a witness, the decision shall identify any specific evidence of the demeanor, manner or attitude of the witness, or other facts that support the credibility determination.
- (d) The decision shall be based on evidence in the hearing record and on matters subject to official notice under section 647.31.
- (e) The Board members or hearing officer may use relevant experience, technical competence and specialized knowledge to evaluate the evidence.
- (f) The proposed decision shall be submitted to the Executive Officer.
Note: Authority cited: Sections 11400.20, 13920 and 13974, Government Code. Reference: Sections 11425.10(a)(6), 11425.50 and 13959, Government Code.
History
1. New section filed 8-3-2009; operative 9-2-2009 (Register 2009, No. 32). For prior history, see Register 2008, No. 45.