2023 California Code › Harbors and Navigation Code - HNC › DIVISION 5 - PILOTS FOR MONTEREY BAY AND THE BAYS OF SAN FRANCISCO, SAN PABLO, AND SUISUN › CHAPTER 6 - Pilotage Tariff Determination and Procedures › ARTICLE 5 - Orders › Section 1278.

1278. (a) If a request for the tentative order and tariff to be agendized is received by the executive director within 10 calendar days of the notice provided pursuant to Section 1276, the tentative order and tariff shall be agendized for the next regular monthly meeting of the board.
(b) (1) If the next regular monthly meeting of the board is 10 or more calendar days from the receipt of the request to agendize the tentative order and tariff, the board shall notice the hearing pursuant to Section 11125 of the Government Code.
(2) If the next regular meeting is less than 10 calendar days from the receipt of the request to agendize the tentative order and tariff, the board shall notice the hearing pursuant to Section 11125.3 of the Government Code.
(c) Upon consideration of the tentative order and tariff at the next regular monthly meeting of the board, the board shall hold a public hearing in accordance with all of the following:
(1) The executive director shall summarize and present the tentative order and tariff.
(2) Parties to the petition proceeding shall be provided with the opportunity to comment on the tentative order and tariff. All comments by the parties shall be recorded in board minutes and may include any of the following:
(A) A stipulation agreed to by all parties that includes a request for technical changes to the tentative order and tariff with a precise copy of the technical changes requested and a justification for each proposed technical change.
(B) A request by an individual party that includes a request for technical changes to the tentative order and tariff with a precise copy of the technical changes requested and a justification for each proposed technical change.
(C) A request by an individual party that includes a request for the tentative order and tariff to be rereferred to the administrative law judge for further proceedings pursuant to Section 1279, including the specific items and issues sought to be briefed and reviewed upon rereferral and a justification for each item and issue sought to be briefed and reviewed upon rereferral.
(3) The public shall be provided with the opportunity to comment on the tentative order and tariff and all public comments shall be recorded in board minutes.
(4) The Transportation Agency shall be provided with the opportunity to comment on the tentative order and tariff and all comments by the agency shall be recorded in board minutes.
(d) Upon conclusion of the public hearing, the members of the board shall be required to take one of the following actions:
(1) Accept the tentative order and tariff.
(2) Accept the tentative order and tariff as proposed to be revised pursuant to the technical change stipulations presented by the parties pursuant to subparagraph (A) of paragraph (2) of subdivision (c).
(3) Reject the tentative order and tariff, provided that the board agrees to a basis for rejecting the tentative order and tariff and the basis for the rejection is documented.
(4) Rerefer the tentative order and tariff back to the administrative law judge for further proceedings pursuant to Section 1279, provided that the board agrees to a basis for rereferring the tentative order and tariff as presented by a party as a request for a technical change pursuant to subparagraph (B) of paragraph (2) of subdivision (c) or as a request for rereferral pursuant to subparagraph (C) of paragraph (2) of subdivision (c) and the basis for rereferral is documented.
(5) Take no action.
(e) (1) If the board accepts the tentative order and tariff or takes no action pursuant to paragraph (1), (2), or (5) of subdivision (d), the tentative order and tariff are deemed to be final as a matter of law. The executive director shall cause to be published a final order and tariff inclusive of findings on the publication date specified by the tentative order and tariff or on an alternative date as set by the board. The executive director shall further submit the final tariff to the Office of Administrative Law for publication in the California Regulatory Notice Register with an effective date of 30 days after the board hearing.
(2) If the board rejects the tentative order and tariff pursuant to paragraph (3) of subdivision (d), the petition is deemed rejected as a matter of law. The executive director shall cause to be published a formal notice of rejection on the board’s internet website inclusive of the documentation of the basis for rejection. The executive director shall further submit the formal notice of rejection to the Office of Administrative Law for publication in the California Regulatory Notice Register.
(3) If the board opts to rerefer the tentative order and tariff to the administrative law judge pursuant to paragraph (4) of subdivision (d), the executive director shall provide all copies of all hearing materials to the administrative law judge for the purpose of administering an additional hearing on the petition pursuant to Section 1279.
(f) The board action required by subdivision (d) shall be taken before the publication date set by the administrative law judge.
(g) For purposes of this section, a “technical change” is a change to the language of the tentative order and tariff that does not result in a change to, and is consistent with, the findings or conclusions of the tentative order and tariff as issued by the administrative law judge pursuant to Section 1275.
(Added by Stats. 2022, Ch. 769, Sec. 16. (AB 2056) Effective September 29, 2022.)