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§ 5153. Individual Rights.

15 CA ADC § 5153Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 15. Crime Prevention and Corrections
Division 5. Narcotic Addict Evaluation Authority
Chapter 2. Hearings
Article 3. Rescission of Release Proceedings
15 CCR § 5153
§ 5153. Individual Rights.
The individual shall have the following rights at a Prerescission Hearing:
(a) Notification of the Charges and Supporting Evidence. Prior to the hearing the individual shall receive a copy of the charges and any supporting evidence unless designated confidential.
(b) Notice of the Hearing. The individual shall be given sufficient notice of the time and place of the hearing.
(c) Attorney. The individual shall have the right to request the assistance of an attorney. (See Section 5207(b).)
(d) Witnesses. The individual shall have the right to request the presence of friendly and/or adverse witnesses at a Prerescission Hearing. Witnesses shall be screened under the procedures of Section 5206(b). If denied, the specific reasons for denial shall be documented and a copy of the document given to the individual. During the hearing the individual has the right, under the direction of the Hearing Officer, to question all witnesses.
(e) Neutral Hearing Officer. The individual has the right to a hearing before a neutral hearing officer.
(f) Findings and Disposition. At the conclusion of the hearing, before the person is excused, the individual shall be advised of the findings and the disposition of the charge. In addition, the individual shall be provided with a written statement of the findings and recommended disposition and the evidence relied upon to support the conclusions reached as soon as possible after the hearing.

Credits

Note: Authority cited: Section 3156, Welfare and Institutions Code. Reference: Sections 3150, 3151, 3152 and 3201(c), Welfare and Institutions Code; and In Re Prewitt, 8 Cal. 3d 470 (1972).
History
1. Amendment filed 12-7-82 as an emergency; effective upon filing (Register 83, No. 2). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-6-83.
2. Editorial correction filed 1-5-83 (Register 83, No. 2).
3. Certificate of Compliance filed 2-3-83 (Register 83, No. 6).
4. Amendment of first paragraph and subsection (d) filed 6-29-2000; operative 7-29-2000 (Register 2000, No. 26).
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 15, § 5153, 15 CA ADC § 5153
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