Cal. Code Regs. tit. 23 § 25

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 25 - Enforcement Order Hearing Procedures

Enforcement Order hearings shall be conducted pursuant to the evidentiary hearing procedures described in Sections 13(c)-(f) and (i), 13.1, and 13.2 of these regulations with the following changes:

(a) The "applicant" shall be referred to as the "respondent".

(b) The "application" shall be referred to as the "enforcement action".

(c) Except as provided in subsection (d), original notice of the hearing shall be served on the respondent by certified mail or hand delivery at least thirty (30) calendar days prior to the hearing.

(d) In certain situations, the Executive Officer may determine that the public interest necessitates a shorter notice period such as, but not limited to, situations where the thirty-day notice would endanger public health and welfare. In these situations, less notice may be provided, but in all cases the original notice of an enforcement hearing must be provided a minimum of ten (10) calendar days prior to the hearing.

(e) The notice shall contain the information required by Section 13(f), describe the violation, identify any statute(s) or regulation(s) the respondent is alleged to have violated; and include a proposed enforcement order, which shall set forth the amount of proposed administrative penalties.

(f) Any staff report the board intends to consider at the enforcement order hearing shall be provided to the respondent with the notice of the hearing.

(g) The respondent may submit a written statement of defense to the Executive Officer at least fifteen (15) calendar days prior to the hearing. If abbreviated notice is provided pursuant to subsection (d) the respondent may submit a written statement to the Executive Officer at least three (3) days prior to the hearing.

(h) If the board President appoints a hearing officer, the hearing officer shall be a board member. A hearing may also be held by a committee of the board appointed by the board President. Hearings held by a hearing officer or a committee of the board shall follow the hearing officer procedures in Section 13.2.

(i) If the hearing is held before a hearing officer or committee of the board, the hearing officer or committee shall prepare the proposed findings and decision required by Section 13.2(c) within thirty (30) calendar days of the conclusion of the hearing. The respondent shall be provided with a copy of the proposed findings and decision at least ten (10) calendar days prior to the board's consideration of the proposed decision.

(j) The written conclusions required by Section 13.1(h) need not include a discussion of the elements identified in Water Code Section 8610.5(c)(1)-(4).

(k) Cross-examination shall not be allowed unless deemed appropriate by the board, appointed hearing officer, or committee of the board.

(l) Where the board has acted as the hearing body, the board may do any of the following to comply with the requirement in Section 13.1(h) that the board adopt written findings of its decision;

(1) Immediately adopt all or part of the staff report or enforcement order;

(2) Amend the staff report or enforcement order, as it deems appropriate for immediate adoption; or

(3) Direct a board member, along with board legal counsel and independent support staff, to draft proposed findings and a decision for adoption by the board at a subsequent meeting pursuant to Section 13.1(i). The respondent shall be provided with a copy of the proposed revised enforcement order at least ten (10) calendar days prior to the board's consideration of the proposed findings and decision. The board's consideration of a proposed enforcement order at a subsequent meeting does not re-open the hearing and no new evidence will be permitted unless allowed by the board President. However, all parties shall be given an opportunity to present argument related to the proposed order.

Cal. Code Regs. Tit. 23, § 25

1. New section filed 2-15-2012; operative 2-15-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 7).
2. Repealer and new section filed 1-9-2014 as an emergency; operative 1-9-2014 (Register 2014, No. 2). A Certificate of Compliance must be transmitted to OAL by 7-8-2014 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 1-9-2014 order, including nonsubstantive amendments, transmitted to OAL 5-29-2014 and filed 7-11-2014 (Register 2014, No. 28).

Note: Authority cited: Section 8571, Water Code; and Section 11400.20, Government Code. Reference: Sections 6253, 11125 and 11425.10, Government Code; and Sections 8560, 8598, 8700, 8701.4 and 8732, Water Code.