§ 1018. Local Detention Facility Appeal Process.
15 CA ADC § 1018Barclays Official California Code of RegulationsEffective: January 1, 2023
Barclays California Code of Regulations
Title 15. Crime Prevention and Corrections
Division 1. Board of State and Community Corrections
Chapter 1. Board of State and Community Corrections
Subchapter 4. Minimum Standards for Local Detention Facilities
Article 2. Inspection and Application of Standards
Effective: January 1, 2023
15 CCR § 1018
§ 1018. Local Detention Facility Appeal Process.
The appeal hearing procedures are intended to provide a review concerning the Board application and enforcement of standards and regulations in local detention facilities and lockups. A county, city, or city and county facility may appeal on the basis of alleged misapplication, capricious enforcement of regulations, or substantial differences of opinion as may occur concerning the proper application of regulations or procedures.
(1) If a county, city, or city and county facility is dissatisfied with an action of the Board staff, it may appeal the cause of the dissatisfaction to the Executive Director. Such appeal shall be filed within 30 calendar days of the notification of the action with which the county or city is dissatisfied.
The decision of the Executive Director shall be in writing and shall provide the rationale for the decision.
(1) The hearing shall be conducted by a hearing panel designated by the Chairman of the Board at a reasonable time, date, and place, but not later than 21 days after the filing of the request for hearing with the Board, unless delayed for good cause. The Board shall mail or deliver to the appellant or authorized representative a written notice of the time and place of hearing not less than 7 days prior to the hearing.
(3) Appeal hearing matters shall be set for hearing, heard, and disposed of by a notice of decision within 60 days from the date of the request for appeal hearing, except in those cases where the appellant withdraws or abandons the request for hearing or the matter is continued for what is determined by the hearing panel to be good cause.
(3) The record of the testimony exhibits, together with all papers and requests filed in the proceedings and the hearing panel's proposed decision, shall constitute the exclusive record for decision and shall be available to the appellant at any reasonable time for one year after the date of the Board's notice of decision in the case.
Credits
Note: Authority cited: Section 6030, Penal Code. Reference: Section 6030, Penal Code.
History
1. New section filed 6-23-2003; operative 7-23-2003 (Register 2003, No. 26).
2. Amendment of section heading and first paragraph filed 6-2-2005; operative 7-2-2005 (Register 2005, No. 22).
3. Amendment filed 4-20-2009; operative 5-20-2009 (Register 2009, No. 17).
4. Amendment of section heading, first paragraph and subsections (a)(1)(B), (b)(1), (e)(1), (f)(6), (g)-(g)(1) and (g)(4) filed 11-17-2022; operative 1-1-2023 (Register 2022, No. 46).
This database is current through 7/12/24 Register 2024, No. 28.
Cal. Admin. Code tit. 15, § 1018, 15 CA ADC § 1018
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