Section 30705.5 - Panel on Reimbursement Claim(a) Generally. To the extent possible, a Panel assigned to a reimbursement claim shall consist of a Presiding ALJ, a Panel Member who was not on the original Panel, and the Lead Panel Member who authored the Opinion that is subject to the reimbursement claim. A Presiding ALJ or the Chief Counsel may delegate the Presiding ALJ's role on the Panel to a Panel Member who was not on the original Panel. Any Panel Member added pursuant to this subdivision will be randomly selected as set forth in regulation 30436.(b) Claim filed prior to Opinion. If a Panel was not previously assigned to the underlying appeal subject to the reimbursement claim, then a new Panel will be assigned pursuant to regulation 30436. Nevertheless, a Panel shall not be assigned prior to expiration of any deferral periods set forth in subdivision (a)(1) of regulation 30705.(c) Opinion on Petition for Rehearing. If a Panel issued an Opinion on Petition for Rehearing in connection with the underlying appeal, that same Panel may decide the Opinion on Reimbursement Claim.(d) Opinion on Reimbursement Claim. An "Opinion on Reimbursement Claim" is an Opinion that provides the basis of a Panel's decision on a reimbursement claim submitted under this chapter.Cal. Code Regs. Tit. 18, § 30705.5
1. New section filed 6-26-2023; operative 6-30-2023. This action is exempt from the Administrative Procedure Act pursuant to Government Code section 15679(b). Submitted to OAL for filing and printing only pursuant to Government Code section 11343.8 (Register 2023, No. 26). Note: Authority cited: Sections 15676.2, 15679 and 15679.5, Government Code. Reference: Sections 15672, 15674, 15675, 15676.2, 15679 and 15679.5, Government Code.
1. New section filed 6-26-2023; operative 6/30/2023. This action is exempt from the Administrative Procedure Act pursuant to Government Code section 15679(b). Submitted to OAL for filing and printing only pursuant to Government Code section 11343.8 (Register 2023, No. 26).