Home Table of Contents

§ 115.09. Hearing Officer Disqualification.


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 § 115.09
§ 115.09. Hearing Officer Disqualification.
(a) A hearing officer shall voluntarily disqualify himself or herself and withdraw from any case in which there are clear grounds for disqualification, including disqualification for bias, prejudice, or interest in the proceeding by the assigned hearing officer.
(b) It is not alone or in itself grounds for disqualification, without further evidence of bias, prejudice, or interest, that the hearing officer:
(1) Is or is not a member of a racial, ethnic, religious, sexual, or similar group and the proceeding involves the rights of that group.
(2) Has experience, technical competence, or specialized knowledge of, or has in any capacity expressed a view on, a legal, factual, or policy issue presented in the proceeding.
(3) Has, as a lawyer or public official, participated in the drafting of laws or regulations or in the effort to pass or defeat laws or regulations, the meaning, effect, or application of which is in issue in the proceeding.
Note: Authority cited: Section 1651, Vehicle Code. Reference: Sections 14104, 14104.2 and 14112, Vehicle Code.
1. New section filed 8-3-2000; operative 9-2-2000 (Register 2000, No. 31). For prior history see Register 99, No. 14.
This database is current through 11/19/21 Register 2021, No. 47
13 CCR § 115.09, 13 CA ADC § 115.09
End of Document