Section 5027 - Schedules and Oral Presentations(a)(1) All deadlines and scheduling related to an appeal, including, but not limited to, hearings, written submissions, and requests for admission of additional information pursuant to sections 5026 and 5032, shall be specified in a notice issued by the council or executive officer, or delegee, except as already specified by statute or this article.(2) Requests and submissions provided after the deadlines specified in the applicable notice shall not be considered.(b) The council shall conduct a hearing on an appeal in a manner deemed most suitable to ensure fundamental fairness to all parties concerned and with a view toward securing all relevant information and material necessary to render a decision without unreasonable delay.(c) The hearing shall not be subject to common law, statutory rules of evidence, or technical or formal rules of procedure, except as set forth in in this article. Unduly repetitious or irrelevant evidence may be excluded upon order of the council, chair, or executive officer.(d) Except as provided in sections 5026 and 5032, evidence is limited to the record that was before the certifying agency prior to the council's receipt of the certification of consistency. The record shall not include a transcript of any proceedings before the certifying agency unless provided by a party to the proceedings or requested by the council.(e)(1) The appellant and certifying agency may each make oral presentations regarding the appeal at the time and date of the hearing set forth in the notice issued by the council or executive officer, or delegee pursuant to this section.(2) Presentations shall address the issues and facts raised in the appeal and shall be as brief as possible.(3) The council or executive officer, or delegee, shall have the discretion to set time limits on oral presentations and decide the order of the presenters. The certifying agency shall be afforded the combined amount of presentation time that is afforded to the appellant.(f) Council members may ask questions of the appellant, the certifying agency, the Delta Protection Commission, any third party appearing at the hearing, or council staff. The questioning of speakers at the hearing by other persons shall not be permitted except by permission of the council, chair, or executive officer.(g) Any person other than the certifying agency or appellant may provide oral comment or written comments to the council concerning an appeal in accordance with the Bagley-Keene Open Meeting Act (Gov. Code, § 11120 et seq.). Written comments may be submitted any time, but to ensure that written comments may be circulated to council members for their review ahead of the applicable meeting concerning an appeal, written comments shall be submitted to the council at least 10 calendar days prior to that meeting. Written comments may be submitted electronically.Cal. Code Regs. Tit. 23, § 5027
Note: Authority cited: Sections 85210 and 85225.30, Water Code. Reference: Section 11125.7, Government Code; and Sections 85225.10, 85225.20 and 85225.25, Water Code.
1. New section filed 1-24-24; operative 1/24/24 pursuant to Water Code section 85225.30. Submitted to OAL for filing with the Secretary of State and printing only pursuant to Government Code section 11343.8. (Register 2024, No. 4).