Cal. Code Regs. tit. 13 § 115.01

Current through Register 2024 Notice Reg. No. 44, November 1, 2024

Section 115.01 - Definitions

The following definitions shall apply to this Article:

(a) "Driver" means the person whose driver's license or driving privilege is at issue in the hearing.

(b) "Hearing Officer" means the following:

(1) The hearing officer or hearing board is not an advocate for the Department but is a neutral decision-maker and determines whether a license or privilege should be issued, renewed, denied, revoked, or suspended under the applicable statutes and regulations.

(2) The hearing officer may investigate, gather evidence, and subpoena witnesses as necessary to make an accurate determination and obtain complete information regarding the case.

(c) "Party"; the parties to a hearing are:

(1) The Department of Motor Vehicles and their representative.

(2) The driver and their representative, if any.

(d) "Representative" means the following:

(1) The representative of the Department of Motor Vehicles is the hearing officer or board assigned to hear the case.

(2) The representative of the driver is the attorney or other person the driver has requested represent them at the hearing.

Cal. Code Regs. Tit. 13, § 115.01

Note: Authority cited: Sections 29, 1651 and 1801.2, Vehicle Code. Reference: Sections 29 and 1801.2, Vehicle Code.

Note: Authority cited: Section 1651, Vehicle Code; and Section 11400.20, Government Code. Reference: Sections 12508, 12517, 12517.2, 12517.3, 12517.4, 12519, 12520, 12523, 12523.5, 12523.6, 12524, 12527, 12800, 12803, 12804.2, 12804.6, 12804.9, 12804.12, 12804.14, 12805, 12806, 12806.5, 12807, 12808, 12809, 12810, 12810.2, 12810.4, 12810.5, 12812, 12813, 12814, 12814.6, 12818, 12819, 13007.5, 13100, 13101, 13102, 13103, 13207, 13353, 13353.1, 13353.2, 13353.3, 13353.4, 13353.5, 13353.6, 13353.8, 13359, 13360, 13361, 13362, 13363, 13367, 13368, 13369, 13370, 13371, 13372, 13373, 13374, 13375, 13376, 13377, 13378, 13555, 13556, 13557, 13558, 13559, 13800, 13801, 13802, 13950, 13951, 13952, 13953, 13954, 14100, 14100.1, 14101, 14103, 14104, 14104.2, 14105.5, 14104.7, 14105, 14105.5, 14106, 14112, 14250, 14250.5, 14251, 14252, 14253, 15250, 15250.3, 15250.5, 15250.6, 15275, 15278, 16000, 16000.1, 16020, 16020.3, 16021, 16050, 16070, 16075, 16076, 16077, 16371, 16484 and 40807, Vehicle Code; and Section 103900, Health and Safety 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. 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).
3. Permanent regulations filed 3-31-99; operative 3-31-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 14).
4. Amendment filed 7-25-2001; operative 8-24-2001 (Register 2001, No. 30).
5. Renumbering of section 115.01 to 115.00 and new section 115.01 filed 6-27-2024; operative 7/1/2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 26).