Section 648.4 - Identification of Witnesses; Presubmission and Presentation of Testimony and Exhibits(a) It is the policy of the State and Regional Boards to discourage the introduction of surprise testimony and exhibits.(b) The hearing notice may require that all parties intending to present evidence at a hearing shall submit the following information to the Board prior to the hearing: the name of each witness whom the party intends to call at the hearing, the subject of each witness' proposed testimony, the estimated time required by the witness to present direct testimony, and the qualifications of each expert witness. The required information shall be submitted in accordance with the procedure specified in the hearing notice.(c) The hearing notice may require that direct testimony be submitted in writing prior to the hearing. Copies of written testimony and exhibits shall be submitted to the Board and to other parties designated by the Board in accordance with provisions of the hearing notice or other written instructions provided by the Board. The hearing notice may require multiple copies of written testimony and other exhibits for use by the Board and Board staff. Copies of general vicinity maps or large, nontechnical photographs generally will not be required to be submitted prior to the hearing.(d) Any witness providing written testimony shall appear at the hearing and affirm that the written testimony is true and correct. Written testimony shall not be read into the record unless allowed by the presiding officer.(e) Where any of the provisions of this section have not been complied with, the presiding officer may refuse to admit the proposed testimony or the proposed exhibit into evidence, and shall refuse to do so where there is a showing of prejudice to any party or the Board. This rule may be modified where a party demonstrates that compliance would create severe hardship.(f) Rebuttal testimony generally will not be required to be submitted in writing, nor will rebuttal testimony and exhibits be required to be submitted prior to the start of the hearing.Cal. Code Regs. Tit. 23, § 648.4
1. Repealer and new section filed 3-26-98 as an interim regulation pursuant to Government Code section 11400.20; operative 3-26-98 (Register 98, No. 13). Interim regulations expire 12-31-98 unless earlier amended or repealed.
2. Pursuant to Government Code section 11400.20(b)(2), interim regulations extended to 3-31-99 by filing of permanent regulations with OAL on 11-25-98. Adoption of permanent regulations disapproved by OAL 1-12-99; resubmitted by the State Water Resources Control Board on 3-10-99; and filed with the Secretary of State on 3-31-99, effective upon filing (Register 99, No. 14). Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Sections 183, 13263 and 13378, Water Code.
1. Repealer and new section filed 3-26-98 as an interim regulation pursuant to Government Code section 11400.20; operative 3-26-98 (Register 98, No. 13). Interim regulations expire 12-31-98 unless earlier amended or repealed.
2. Pursuant to Government Code section 11400.20(b)(2), interim regulations extended to 3-31-99 by filing of permanent regulations with OAL on 11-25-98. Adoption of permanent regulations disapproved by OAL 1-12-99; resubmitted by the State Water Resources Control Board on 3-10-99; and filed with the Secretary of State on 3-31-99, effective upon filing (Register 99, No. 14).