Chapters 4.5 and 5 of Part 1, Title 2 of Division 3 of the Government Code apply to the conduct of a private carrier of passengers certificate suspension hearing except for the following:
(a) A hearing shall be set no later than 21 days after the department receives a complete request for hearing;
(b) Neither the department nor the administrative law judge may grant a stay of the suspension order before the hearing is concluded unless directed to do so by the superior court;
(c) The administrative law judge shall prepare the proposed decision in Government Code section 11517(c)(1) within 10 days after the case is submitted to the judge;
(d) The department shall act pursuant to Government Code section 11517(c)(2) within 10 days of receipt of the administrative law judge's decision. If the department fails to act within 10 days, the proposed decision of the administrative law judge is the final decision of the department; and
(e) Notwithstanding Government Code section 11506(a), a private carrier of passengers may request a hearing within 90 days of the commencement of the suspension period.
Credits
Note: Authority cited: Sections 1651, 34681 and 34691, Vehicle Code. Reference: Section 34687, Vehicle Code.
1. New section filed 7-23-2018; operative 7-23-2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 30).
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 13, § 223.16, 13 CA ADC § 223.16
