Cal. Code Regs. Tit. 11, § 1208 - Temporary Suspension of Certification
(a) Following an
Order of Immediate Temporary Suspension pursuant to Penal Code section
13510.8(d),
the division shall take the following steps:
(1)
Notify the involved peace officer and agency head in writing. The notification shall
specify the basis for the Executive Director's determination.
(A) The peace officer shall be provided written
notification that they have the right to respond to the executive director in the
event they assert the Order of Immediate Temporary Suspension should be withdrawn.
Such a response will be considered only to the extent the response is based upon
evidence that the grounds for an immediate temporary suspension (ITS), as authorized
by Penal Code section
13510.8(d)
and as set forth in the order of immediate temporary suspension, do not exist. Such
response must be served upon the Commission within 14 calendar days of the date of
mailing of the Order of Immediate Temporary Suspension, either by personal delivery
on Commission headquarters, or by mail, postmarked no later than 14 calendar days of
the date of mailing of the Order of Temporary Suspension to the peace
officer.
(B) Upon receipt of the
response provided for in (a)(1)(A), the executive director will consider the facts,
evidence, and argument in the response, and shall withdraw the ITS if it is
determined that continuing the suspension is no longer in the best interest of the
health, safety, or welfare of the public. If an order of withdrawal is not issued by
the executive director within 15 calendar days of the date of service of the
response pursuant to (a)(1)(A), the response will be deemed denied.
(2) In the event the immediate
temporary suspension was based upon an arrest or indictment for a crime described in
Government Code section
1029, the peace
officer may, at any time during the pendency of an immediate temporary suspension,
notify the executive director of the decision of the applicable prosecutorial body
to not file charges within Government Code section
1029, and
request that those facts be taken into consideration. The notification to the
executive director shall include documentation of the prosecutorial body's decision
not to file charges. Upon receipt of the notification, the executive director will
consider the facts, evidence, and arguments provided in the request and shall
withdraw the ITS if it is determined that continuing the suspension is no longer in
the best interest of the health, safety, or welfare of the public. Such a
notification must be served upon the Commission either by personal delivery on
Commission headquarters or by mail. If an order of withdrawal is not issued by the
executive director within 15 calendar days of the date of either personal service to
the Commission or date of mailing of the notification, the request will be deemed
denied.
(3) The Commission shall
schedule all further required proceedings in accordance with the Bagley-Keene Open
Meeting Act.
Notes
Note: Authority cited: Sections 13503, 13506 and 13510.8, Penal Code. Reference: Section 13510.8, Penal Code.
Note: Authority cited: Sections 13503, 13506 and 13510.8, Penal Code. Reference: Section 13510.8, Penal Code.
2. Amendment filed 2-1-2024; operative
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