Current through Register 2024 Notice Reg. No. 43, October 25, 2024
Section 5029 - Documentation and Written Submissions(a) Documentation and information provided with a written submission and not included in the record submittal by the certifying party shall be subject to the requirements of sections 5026 and 5032 for consideration of admissibility, as applicable based upon the request for admission.(b) Each submittal shall include a cover sheet that lists all of the following information in the following order: (1) The project name of the covered action and identification number issued by the council.(2) The name of the party submitting the document.(3) The date of submittal.(c)(1) A written submission by an appellant or the Delta Protection Commission in support of an appeal shall provide specificity for each appealed policy, which shall include citations to evidence in the record, to support the grounds for appeal identified in the appeal.(2) An appellant or the Delta Protection Commission shall not introduce additional grounds for appeal in a written submission. Those additional grounds shall not be considered as part of the appeal.(d) The certifying agency's written submission shall respond to the allegations of the appeal. To the extent possible, the certifying agency shall cite to evidence in the record to support the certification of consistency. This requirement shall not be construed to relieve an appellant's burden to show that the certification of consistency is not supported by substantial evidence in the record.Cal. Code Regs. Tit. 23, § 5029
Note: Authority cited: Sections 85210 and 85225.30, Water Code. Reference: Sections 85210 and 85225.30, 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).