Cal. Code Regs. tit. 18 § 5338

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

Section 5338 - Appeals Attorney Review

(a) At the conclusion of the general briefing schedule under section 5337.6, the Appeals Attorney will review the record and determine whether the briefing on file adequately addresses all relevant factual and legal issues. If the briefing on file does not adequately address all relevant factual and legal issues, the Appeals Attorney may request additional briefing under section 5523.4.

(b) When the Appeals Attorney determines that all relevant factual and legal issues have been addressed and completes the appeals conference required by section 5338.4, the Appeals Attorney will notify the Chief of Board Proceedings that the petition is ready to be scheduled for an oral hearing.

(c) Upon notification from the Appeals Attorney that the petition is ready to be scheduled for an oral hearing, the Chief of Board Proceedings will schedule and notice an oral hearing under section 5522.6.

Cal. Code Regs. Tit. 18, § 5338

1. New subchapter 8 (sections 5338-5338.6) and section filed 1-7-2008; operative 2-6-2008 (Register 2008, No. 2).
2. Editorial change renaming subchapter 8 to subarticle 8 (Register 2008, No. 13).
3. Amendment of NOTE filed 3-19-2018 as an emergency; operative 3-19-2018 (Register 2018, No. 12). Pursuant to Government Code section 15570.40, this action is a deemed emergency and exempt from OAL review. A Certificate of Compliance must be transmitted to OAL by 9-17-2018 or emergency language will be repealed by operation of law on the following day.
4. Reinstatement of section as it existed prior to 3-19-2018 emergency amendment by operation of Government Code section 11346.1(f) (Register 2018, No. 38).
5. Change without regulatory effect amending section heading and section filed 7-30-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 31).

Note: Authority cited: Sections 15606 and 15640, Government Code. Reference: Sections 15640 and 15645, Government Code; and Sections 214, 254.6, 270 and 1840, Revenue and Taxation Code.

1. New subchapter 8 (sections 5338-5338.6) and section filed 1-7-2008; operative 2-6-2008 (Register 2008, No. 2).
2. Editorial change renaming subchapter 8 to subarticle 8 (Register 2008, No. 13).
3. Amendment of Note filed 3-19-2018 as an emergency; operative 3-19-2018 (Register 2018, No. 12). Pursuant to Government Code section 15570.40, this action is a deemed emergency and exempt from OAL review. A Certificate of Compliance must be transmitted to OAL by 9-17-2018 or emergency language will be repealed by operation of law on the following day.
4. Reinstatement of section as it existed prior to 3-19-2018 emergency amendment by operation of Government Code section 11346.1(f) (Register 2018, No. 38).
5. Change without regulatory effect amending section heading and section filed 7-30-2020 pursuant to section 100, title 1, California Code of Regulations (Register 2020, No. 31).