Section 1723 - Nonadjudicatory Hearings; Purposes and ProceduresThe committee shall commence nonadjudicatory hearings on the notice pursuant to the hearing order issued by the presiding member.
(a) The hearings shall be used to provide information on the proposed sites and facilities to the public. The presiding member shall reserve a portion of each hearing to permit members of the public to question the applicant and staff about the proposals or about each party's contentions. Both parties shall make qualified persons available to answer questions on the matters scheduled for consideration at each hearing. The presiding member shall limit questions to the applicant and staff to those necessary to identify issues or solicit relevant information on the proposals and shall defer adjudication of identified issues until hearings held under Section 1725.(b) The hearings shall be used to develop an evidentiary basis for the findings and conclusions required for a decision on the notice. The applicant, staff, and other parties shall present evidence in the hearings pursuant to Section 1723.5 and the hearing order. Testimony or evidence based upon statements of facts agreed to by the applicant or staff which set forth the ultimate positions of either party on need, public health and safety, and environmental acceptability may be admitted into evidence without the necessity of reading the entire statements into the record only if a supporting witness presents an informative summary of the facts and evidence at the hearing and any person so requesting is provided a reasonable opportunity to ask relevant, nonrepetitive questions of the sponsoring witnesses. The presiding member may require oral summaries of other joint statements of facts offered into evidence.(c) The hearings shall be used to solicit the views and comments of the public, parties, and governmental agencies on the environmental, public health and safety, economic, social, and land use impacts of the facilities at the proposed sites.(d) The hearings shall be used to identify issues which require adjudication, issues which may be deferred to the certification stage, and issues which may be eliminated from the proceeding. Issues may be raised by submitting comments or testimony which dispute the contentions of the applicant or staff, or by asking questions of witnesses at hearings. The presiding member may permit a party to present evidence to show that an apparently disputed matter presents no issue of fact, or may defer such evidence until the adjudicatory hearings. The presiding member shall determine whether the evidence presented on each matter is sufficient to raise a genuine, relevant, factual issue appropriate for adjudication in subsequent hearings.(e) The presiding member shall conclude the hearings under this section whenever he or she is satisfied that the purposes of this section have been achieved and that the evidentiary record and issues are sufficiently developed to prepare the summary and hearing order required by Section 1724.Cal. Code Regs. Tit. 20, § 1723
1. Amendment of subsection (b) filed 1-11-83; designated effective 2-1-83 pursuant to Government Code section 11346.2(d) (Register 83, No. 3).
2. Amendment of subsection (b) filed 8-10-93; operative 9-9-93 (Register 93, No. 33). Note: Authority cited: Sections 25218(e) and 25541.5, Public Resources Code. Reference: Section 25509.5, Public Resources Code.
1. Amendment of subsection (b) filed 1-11-83; designated effective 2-1-83 pursuant to Government Code section 11346.2(d) (Register 83, No. 3).
2. Amendment of subsection (b) filed 8-10-93; operative 9-9-93 (Register 93, No. 33).