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§ 115.02. Public Observation.


Barclays Official California Code of Regulations Currentness
Title 13. Motor Vehicles
Division 1. Department of Motor Vehicles
Chapter 1. Department of Motor Vehicles
Article 2.4. Driver Safety
Lapses of Consciousness (Refs & Annos)
13 CCR § 115.02
§ 115.02. Public Observation.
(a) The hearing officer may:
(1) Exclude persons whose conduct impedes the orderly conduct of the hearing;
(2) Restrict attendance because of the physical limitations of the hearing facility; or
(3) Take other action to promote due process and the orderly conduct of the hearing.
(b) The following provisions apply to hearings conducted by telephone:
(1) Except as otherwise provided by law, the hearing shall be open to public observation, provided a written request to observe a hearing is received by the department in a timely manner.
(2) In lieu of a written request, a request to observe a hearing may, with the approval of the department, be made by telephone or in person.
(3) Notwithstanding the timeliness requirement in subdivision (b), the department may grant a late request to observe a hearing, if it is determined by the department that the public interest would be served by granting that request.
Note: Authority cited: Section 1651, Vehicle Code; and Section 11400.20, Government Code. Reference: Sections 1808, 1808.5, 16070 and 16075, and Article 3 (commencing with Section 14100) of Chapter 3 of Division 6, Vehicle Code; and Sections 11425.10 and 11425.20, Government Code.
1. New section filed 6-3-97; operative 6-3-97 (Register 97, No. 23). This interim regulation is exempt from most of the procedural requirements of the Administrative Procedure Act and from review by the Office of Administrative Law pursuant to Government Code sections 11400.20 and 11400.21 and will expire on December 31, 1998 unless earlier terminated, or replaced by, or readopted as, permanent regulations.
2. Editorial correction of section number (Register 97, No. 28).
3. The Department has completed proceedings to replace or readopt interim regulations and has submitted permanent regulations for review by the Office of Administrative Law, but permanent regulations have not been filed with the Secretary of State. Pursuant to Government Code section 11400.20(b)(2), the interim regulations are extended until the date permanent regulations are filed with the Secretary of State or March 31, 1999, whichever is earlier (Register 98, No. 51).
4. Permanent regulations filed 3-31-99; operative 3-31-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 14).
This database is current through 11/19/21 Register 2021, No. 47
13 CCR § 115.02, 13 CA ADC § 115.02
End of Document