Cal. Code Regs. tit. 23 § 5030

Current through Register 2024 Notice Reg. No. 43, October 25, 2024
Section 5030 - Hearing
(a) The council shall hear appeals of certifications of consistency filed pursuant to Water Code section 85225 within 60 calendar days of the effective date.
(b) Notwithstanding subsection (a), the council may hear an appeal for a certification of consistency outside of 60 calendar days of the effective date if any of the following:
(1) The parties and the council or executive officer, or delegee, agree to an extension, taking into account the circumstances of the matter subject to appeal, council's hearing schedule, and associated workload.
(2) Prior to the hearing, the council or its executive officer, or delegee, determines that the issues raised on appeal are not within the council's jurisdiction or do not raise an appealable issue.
(3) The council or its executive officer, or delegee, determines that all issues raised on appeal are moot.
(4) The council or its executive officer, or delegee, determines that all issues on appeal should be dismissed or the matter remanded for failure to comply with this article.
(5) The council or its executive officer, or delegee, remands the matter to the certifying agency for failure to submit the record pursuant to the procedures governing the filing of a certification of consistency.
(c) The council may hold additional hearings or workshops at its discretion and as it deems necessary.
(d) The council, upon a determination of good cause, may continue the hearing.

Cal. Code Regs. Tit. 23, § 5030

Note: Authority cited: Sections 85210 and 85225.30, Water Code. Reference: Sections 85225, 85225.10 and 85225.20, 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).