Section 1745 - Evidentiary Hearings; Purposes; Burden of Proof; Schedule for Filing and Service of Evidence(a) No earlier than 90 days after the acceptance of the application, the presiding member may begin evidentiary hearings on the application.(b) The hearings shall consider the topics listed in 1745.5.(c) Except where otherwise provided by law, the applicant has the burden of producing evidence to support all findings and conclusions required for certification of the site and related facilities.(d) The proponent of any additional condition, modification, or other provision relating to the manner in which the proposed facility should be designed, sited, and operated in order to protect environmental quality and ensure public health and safety shall have the burden of making a reasonable showing to support the need for and feasibility of the condition, modification, or provision. The presiding member may direct the applicant and/or staff to examine and present further evidence on the need for and feasibility of such modification or condition.Cal. Code Regs. Tit. 20, § 1745
1. Amendment filed 1-11-83; designated effective 2-1-83 pursuant to Government Code Section 11346.2(d) (Register 83, No. 3).
2. Repealer of former section 1745 and renumbering of former section 1748 to new section 1745, including amendment of section heading and section, filed 12-21-2015; operative 1-1-2016 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 52). Note: Authority cited: Sections 25218(e) and 25541.5, Public Resources Code. Reference: Sections 25216.5 and 25521, Public Resources Code.
1. Amendment filed 1-11-83; designated effective 2-1-83 pursuant to Government Code Section 11346.2(d)(Register 83, No. 3).
2. Repealer of former section 1745 and renumbering of former section 1748 to new section 1745, including amendment of section heading and section, filed 12-21-2015; operative 1/1/2016 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 52).