Cal. Code Regs. tit. 4, § 197.1
Quorum.
Effective Jun 6, 2022Register 2022, No. 23Authority cited: Section 23077, Business and Professions Code; and Article XX, Section 22, California Constitution. Reference: Section 23077, Business and Professions Code; Article XX, Section 22, California Constitution; Clark v. City of Hermosa Beach (1996) 48 Cal.App.4th 1152, 1176 [56 Cal.Rptr.2d 223]; Lopez v. Imperial County Sheriff's Office (2008) 165 Cal.App.4th 1, 4 [80 Cal.Rptr.3d 557, 559].State of California
(a) The Board may decide an appeal so long as there is a quorum of at least two members present for:
- (1) oral argument and deliberation in closed session; or
- (2) deliberation in closed session where an appeal has been submitted on the pleadings.
- (b) In the event there are three members appointed to the Board, and a two-member quorum cannot reach a unanimous decision, oral argument and deliberation in closed session will be continued to a time when the third member can be present.
- (c) In the event there are only two members appointed to the Board, and the Board cannot reach a unanimous decision, the Department's decision shall stand.
Note: Authority cited: Section 23077, Business and Professions Code; and Article XX, Section 22, California Constitution. Reference: Section 23077, Business and Professions Code; Article XX, Section 22, California Constitution; Clark v. City of Hermosa Beach (1996) 48 Cal.App.4th 1152, 1176 [56 Cal.Rptr.2d 223]; Lopez v. Imperial County Sheriff's Office (2008) 165 Cal.App.4th 1, 4 [80 Cal.Rptr.3d 557, 559].
History
1. New section filed 6-6-2022; operative 6-6-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 23).