Cal. Code Regs. tit. 2 § 197.5

Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 197.5 - Disqualification of Interviewer, Rater, or Administrator Related to Competitor

When, in the course of an examination:

(a) A competitor appears before an oral examination panel, and that competitor is related by blood, or by adoption, or is or was related by marriage or is or was a cohabitant with any interviewer, it shall be the duty of the interviewer to disqualify him/herself from the interview with that particular competitor and shall not be present during the interview, or during any discussion about, or rating of, the competitor. The absence of the interviewer shall be recorded on the rating sheet of the competitor. The interview may proceed with a single interviewer. If the chairperson is disqualified from interviewing a particular competitor, the chairperson shall designate a remaining panel member as the Department representative for the interview, discussion, and rating of that competitor if the designated chairperson is a Department certified chairperson.
(b) Anyone directly involved in the development or administration of any phase of an examination and a competitor are related by blood, or by adoption, or are, or were related by marriage or are or were cohabitants:
(1) The rater shall disqualify him/herself from rating the applicant, or
(2) shall not participate in any phase of the administration of that particular examination.
(c) For purposes of this rule, a cohabitant is a person who shares a residence with another person.

Cal. Code Regs. Tit. 2, § 197.5

1. New section filed 7-10-56; effective thirtieth day thereafter (Register 56, No. 13).
2. Amendment filed 4-15-58; effective thirtieth day thereafter (Register 58, No. 7).
3. Amendment of NOTE filed 4-8-77; effective thirtieth day thereafter (Register 77, No. 15).
4. Amendment file 3-9-87; effective thirtieth day thereafter (Register 87, No. 11).
5. Change without regulatory effect amending section heading, subsections (a) and (c) and NOTE filed 9-9-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 37).

Note: Authority cited: Sections 18502 and 18701, Government Code. Reference: Section 18930, Government Code.

1. New section filed 7-10-56; effective thirtieth day thereafter (Register 56, No. 13).
2. Amendment filed 4-15-58; effective thirtieth day thereafter (Register 58, No. 7).
3. Amendment of NOTE filed 4-8-77; effective thirtieth day thereafter (Register 77, No. 15).
4. Amendment file 3-9-87; effective thirtieth day thereafter (Register 87, No. 11).
5. Change without regulatory effect amending section heading, subsections (a) and (c) and Note filed 9-9-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 37).