Article 5 — APPEALS TO THE HOSPITAL BUILDING SAFETY BOARD

7-159. Grounds for appeal.

• (a) The Hospital Building Safety Board shall act as a board of appeals in the following:

1. All matters relating to the administration and enforcement of building standards relating to the design, construction, alteration and seismic safety of health facility projects submitted to the Office pursuant to the Health and Safety Code, notwithstanding Health and Safety Code Section 13142.6 and except as provided in Health and Safety Code Section 18945.

2. Matters relating to all fire and panic safety regulations and alternate means of protection determinations for health facility projects submitted to the Office pursuant to the Health and Safety Code, notwithstanding Health and Safety Code Section 13142.6.

3. Explicitly enumerated matters identified in Health and Safety Code Sections 130060, 130061, and 130064 of the Health and Safety Code.

Only those matters identified in this section shall be appealable to the Hospital Building Safety Board. An appeal pursuant to this section may be made only by the current or prospective licensee of a health facility or their authorized agent, hereafter known as the appellant.

(b) Appeals made pursuant to this section shall be considered by the Hospital Building Safety Board only following the completion of the Comment and Process Review, held in accordance with Section 7-161.

7-161. Comment and Process Review (CPR).

(a) First Level Review. In the event that the appellant disagrees with a ruling, order, decision or act of the Office in a matter listed in Section 7-159(a), the appellant must first seek to resolve the issue informally with the original decision maker.

(b) Second Level Review. In the event that the appellant disagrees with a ruling, order, decision or act of the Office following First Level Review as described in (a) of this section, the appellant may submit a request for Second Level Review to the immediate supervisor of the original decision maker. A request for Second Level Review must be submitted in writing within ten (10) calendar days of issuance of the initial ruling, order, decision or act, and must include the following:

1. The name, mailing or e-mail address, and telephone number of appellant;

2. Identification of the specific ruling, order, decision or act to be reviewed;

3. The reason for the requested review;

4. Specific aspects of the decision with which the appellant disagrees and a proposal of alternatives the appellant would like for the reviewer to consider; and

5. Copies of any documents or data the appellant believes support the appellant’s case or that the appellant believes would assist the reviewer.

(c) Third Level Review. In the event that the appellant disagrees with a determination made pursuant to (b) of this section, or in the event that the Second Level Reviewer does not issue to the appellant a response to the request for Second Level Review within ten (10) calendar days of submission of the request, the appellant may submit a request for Third Level Review by submitting in writ- ing the information described in Section 7-161(b)(1) (5) to the Deputy Division Chief.

(d) Fourth Level Review. In the event that the appellant disagrees with a determination made pursuant to (c) of this section, or in the event that the Third Level Reviewer does not issue to the appellant a response to the request for Third Level Review within ten (10) calendar days of submission of the request, the appellant may submit a request for Fourth Level Review by submitting in writing the information described in Section 7-161(b)(1)-(5) to the Deputy Director. The Deputy Director shall provide the appellant with the written notice of his or her final determination.

(e) In the event that the appellant disagrees with the final determination of the Deputy Director pursuant to (d) of this section, or in the event that the Deputy Director does not issue to the appellant a response to the request for Fourth Level Review within ten (10) calendar days of submission of the request, appellant may request a formal hearing before the Hospital Building Safety Board pursuant to Section 7-163.

7-163. Formal hearing request.

Consistent with Section 7-159 and upon completion of the Comment Process Review procedure identified in Section 7-161, the appellant may appeal the final determination of the Deputy Director to the Hospital Building Safety Board. To request a formal hear- ing, the appellant shall submit a written request for appeal containing the information described in Section 7-161(b)(1) (5) to the Hospital Building Safety Board through the Office within fifteen (15) calendar days of issuance of the Deputy Director’s final determination pursuant to Section 7-161(d). Any request for appeal received by the Office more than fifteen (15) calendar days after issuance of the Deputy Director’s final determination pursuant to Section 7-161(d) may be considered at the discretion of the Office.

7-165. Formal hearing.

(a) The Hospital Building Safety Board shall act as the hearing body for appeals submitted pursuant to Section 7-163 and shall conduct a public hearing on the appeal.

(b) The Chair of the Hospital Building Safety Board shall call a hearing on an appeal. The hearing shall be convened at a location selected by the Chair.

(c) The hearing shall be held within forty-five (45) calendar days of receipt by the Office of the written request for appeal described in Section 7-163. The parties to the appeal shall be notified in writing of the time and place of the hearing within fifteen (15) calendar days of receipt by the Office of the request for appeal.

(d) At least three (3) voting members of the Board shall be present at the hearing. The decision shall bear the endorsement of a simple majority of the Board members present.

(e) The proceedings shall be recorded. Transcripts shall be made available to anyone making a request therefor upon deposit with the Hospital Building Safety Board of the amount of money which the Office has determined necessary to cover the costs of transcript preparation.

(f) The appellant may, at his or her own expense, arrange for stenographic recording and transcription of the hearings.

7-167. Rights of the appellant.

The appellant shall have the right to counsel, to submit documentary evidence and exhibits, to present and rebut evidence, to have witnesses appear and testify, and to question representatives of the Office and other witnesses presenting testimony or documents in the hearing. These rights shall be executed by the appellant at the appellant’s own expense.

7-169. Appeal hearing procedure.

(a) An appeal hearing conducted by the Hospital Building Safety Board shall not be conducted in accordance with strict rules of evidence or courtroom procedure. During the hearing, the Chair may accept into the record without formal proof any generally accepted technical or scientific matter related to seismic, architectural, structural, mechanical, electrical, fire and life safety or health facilities. Hearsay evidence may be allowed for the purpose of supplementing or explaining other evidence, but shall not be sufficient by itself to support the findings.

(b) The Chair of the hearing shall determine the order of witnesses and presentation and introduction of documents, evidence and exhibits into the record of the hearing. The Chair may impose reasonable time limits, rule on admissibility of evidence, maintain decorum in the hearings, call recesses and rule on continuation of the hearings.

(c) The Chair may request counsel from the Office for advice on points of law.

(d) Prior to closing of the hearing, the Chair shall announce the decision of the Board.

7-171. Decision on appeal.

(a) A decision on an appeal heard by the Hospital Building Safety Board shall be reached as follows:

1. The Board shall render a decision prior to the closing of the hearing.

2. The Board may affirm, reverse or amend the ruling, order, decision or act being appealed.

3. Decision of the Hospital Building Safety Board shall become effective immediately upon their announcements by the Chair of the Board, unless otherwise specified by the Chair.

(b) The decision of the Board shall be provided in writing to the parties within fifteen (15) calendar days of the formal hearing held pursuant to Section 7-165.

(c) If less than a quorum of the voting members of the Board were present for the formal hearing held pursuant to Section 7-165, the appellant may appeal the written decision for hearing at the next regularly scheduled meeting of the Hospital Building Safety Board. The appellant shall submit a written request for such an appeal to the Hospital Building Safety Board through the Office no later than ten (10) days after the Board issues the written decision pursuant to Section 7-171(b). The appeal shall be heard at the next regularly scheduled meeting of the Hospital Building Safety Board, but not less than twenty (20) days after receipt of the request.

Authority: Health and Safety Code Sections 18929 and 129675-130070.

Reference: Health and Safety Code Section 129955.

HISTORY:

• I. (OSHPD 2/95) Regular order by the Office of Statewide Health Plan­ ning and Development to amend Section 7-171. Filed with the secretary of state on August 14, 1996, becomes effective September 13, 1996. Approved by the California Building Standards Commission on March 19, 1996.