Cal. Code Regs. tit. 9 § 30895

Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 30895 - Honorable Discharge Appeal Hearing
(a) An appeal hearing shall be set to occur no later than 45 calendar days from the date of receipt of the appeal.
(1) The applicant shall be notified of the date, time, and place of the scheduled hearing, at least 10 calendar days prior to such hearing.
(2) The applicant shall be notified of the right to appear before the Board at the hearing, and to submit a written statement.
(3) The timeframe in subsection (a) may be extended up to 30 calendar days upon request of the applicant.
(b) The Board shall review and consider all documentation considered at the hearing that is the subject of the appeal as well as any information provided by the applicant as part of the appeal.
(c) The Board, based upon a preponderance of the evidence presented, may affirm denial of the petition or grant the petition.
(d) The Board's decision shall be documented on a hearing order and include a statement of reasons for the decision.
(e) A copy of the hearing order shall be provided to the applicant within five business days of the hearing.
(f) There shall be only one appeal hearing.

Cal. Code Regs. Tit. 9, § 30895

1. New section filed 5-20-2021; operative 7-1-2021 (Register 2021, No. 21).

Note: Authority cited: Sections 1712, 1719, 1721 and 1722, Welfare and Institutions Code. Reference: Sections 1177, 1179, 1723 and 1772, Welfare and Institutions Code.

1. New section filed 5-20-2021; operative 7/1/2021 (Register 2021, No. 21).