Section 2467 - Hearing Procedures(a) Pre-rescission Hearing. The pre-rescission hearing shall be conducted by a deputy commissioner. The deputy commissioner shall decide whether there is probable cause to believe that the prisoner engaged in the conduct charged. Guilt, innocence, or possible punishment are not at issue at this hearing.(b) Rescission Hearing. The rescission hearing for life prisoners shall be conducted by a panel of three, at least two of whom shall be commissioners. Rescission hearings for ISL prisoners shall be conducted by a panel of two deputy commissioners. The hearing panel shall decide whether the prisoner engaged in the conduct charged and, if so, what action should be taken. For life prisoners, the rescission hearing may be held in conjunction with a Department disciplinary hearing. For ISL prisoners with DSL release dates retroactively calculated, the hearing may be held in conjunction with a Department good time credit hearing, but only the ISL date may be rescinded. In such a combined hearing, the Board shall make any decision necessary to the rescission portion of the hearing, and the Department shall make any decisions necessary to the disciplinary or good time credit portion of the hearing. Both the Board and the Department may question any witnesses. A rescission hearing may be held without a disciplinary hearing, any time that the rescission charges are not based upon disciplinary charges or that the Board at the central office calendar orders an independent hearing.Cal. Code Regs. Tit. 15, § 2467
1. Amendment of subsection (b) filed 10-27-77 as an emergency; effective upon filing. Certificate of Compliance included (Register 77, No. 44).
2. Amendment of subsection (b) filed 4-4-78; effective thirtieth day thereafter (Register 78, No. 14).
3. Amendment filed 1-20-88 (Register 88, No. 5).
4. Amendment of section and NOTE filed 1-13-2000; operative 2-12-2000 (Register 2000, No. 2). Note: Authority cited: Sections 3052 and 5076.2, Penal Code. Reference: Sections 3041, 5075 and 5076.1, Penal Code.
1. Amendment of subsection (b) filed 10-27-77 as an emergency; effective upon filing. Certificate of Compliance included (Register 77, No. 44).
2. Amendment of subsection (b) filed 4-4-78; effective thirtieth day thereafter (Register 78, No. 14).
3. Amendment filed 1-20-88 (Register 88, No. 5).
4. Amendment of section and Note filed 1-13-2000; operative 2-12-2000 (Register 2000, No. 2).