California Code of Regulations › Title 23 - Waters › Division 1 - Central Valley Flood Protection Board › Chapter 1 - Organization, Powers and Standards › Article 3 - Application Procedures › Section 13.1 - Conduct and Order of Evidentiary Hearing Proceedings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) It
				  is the purpose of this section to incorporate and implement the informal
				  hearing procedures and Administrative Adjudication Bill of Rights in Chapter
				  4.5 of the Administrative Procedure Act (commencing with Section
				  11400) of Part 1 of Division 3 of
				  Title 2 of the Government Code to the extent consistent with the Water Code,
				  which require notice and an opportunity to be heard, including the opportunity
				  to present and rebut evidence. Chapter 5 of the Administrative Procedure Act
				  (commencing with section
				  11500) does not apply to
				  evidentiary hearings before the board or an appointed hearing
				  officer.
(b) Evidentiary hearings
				  shall be conducted 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 unnecessary
				  delay.
(c) Evidentiary hearings
				  shall be held in open session. Unless the President directs otherwise, the
				  hearing shall proceed in the following order:
(1) The Executive Officer or his/her designee
				  shall make a presentation to the board describing the application and
				  summarizing the staff recommendation, including, for example, the proposed
				  findings and written correspondence received prior to the hearing.
(2) The public testimony portion of the
				  public hearing shall proceed in the following order:
(A) Persons or their representatives desiring
				  to state their views on the application shall have the opportunity to do so as
				  follows:
(i) The applicant;
(ii) Other persons supporting the
				  application;
(iii) Persons opposing
				  the application;
(iv) Other
				  persons.
(B) The
				  President may allow rebuttal testimony by the applicant.
(C) The Executive Officer may respond to and
				  comment, as appropriate, on the testimony presented by any previous
				  speaker.
(3) The
				  President may close the public testimony portion of the hearing when a
				  reasonable opportunity to present all questions and points of view has been
				  allowed.
(4) Board members may ask
				  questions at any time following any person's presentation.
(5) At the conclusion of the public testimony
				  portion of the public hearing, the Executive Officer or his/her designee may
				  propose to change the staff recommendation or the board may propose to add,
				  delete, or modify the conditions contained in the staff recommendation. The
				  applicant and the Executive Officer or his/her designee shall have an
				  opportunity to comment on any proposed change.
(6) The board shall vote on a permit
				  application in accordance with Water Code section
				  8560. In the
				  case of an appointed hearing officer, the hearing officer shall act on the
				  application.