California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 1.25 - Administrative Procedures-Hearings › Article 2 - Administrative Hearing Procedures for Petitions for Review of Executive Officer Decisions › Subarticle 1 - General Provisions › Section 60055.2 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The definitions
						applicable to these rules include those set out in the Health and Safety Code
						(commencing with section
						39010) and in Title 13, California
						Code of Regulations, Chapter 5, Standards for Motor Vehicle Fuels, sections
						2250, et seq., and Chapter 8,
						Clean Fuels Program, sections
						2300, et seq.
(b) The following definitions also apply:
(1) "Administrative record" means all
						documents and records timely filed with the hearing office, pursuant to section
						60055.4 and the time deadlines of
						these rules, including pleadings, petitions, motions, and legal arguments in
						support thereof; all documents or records admitted into evidence or
						administratively noticed by the hearing officer; all official recordings or
						written transcripts of hearings conducted; and all orders or decisions issued
						by the hearing officer or the state board regarding the petition for review of
						an executive officer decision; administrative record does not include any
						prohibited communications as defined in section
						60055.13, and any settlement
						discussions or offers of settlement pursuant to section
						60055.24.
(2) "Days" means calendar days.
(3) "Default" means the failure of any party
						to take the steps necessary and required by these regulations to further the
						hearing towards resolution, resulting in a finding by the hearing officer of
						forfeiture of the cause of action against that party.
(4) "Discovery" refers to the process set
						forth in section
						60055.25 allowing one party to
						request and obtain information relevant to the proceedings. The scope of
						discovery is limited by the express terms of that section.
(5) "Ex Parte Communication" means an oral or
						written communication not on the public record for which reasonable prior
						notice to all parties should have been given.
(6) "Hearing Office" refers to the
						administrative hearings office established by the state board to conduct
						administrative hearings to implement the provisions of these rules or to the
						Office Administrative Hearings established pursuant to Government Code section
						11370.2.
						The administrative hearing office of the state board shall include at least one
						administrative law judge who shall act as a hearing officer.
(7) "Hearing Officer" refers to an
						administrative law judge appointed by the state board to conduct hearings under
						these procedures or an administrative law judge appointed by the Office of
						Administrative Hearings.
(8)
						"Intervenor" means a person who is allowed to voluntarily enter into the
						proceedings with leave of the hearing officer.
(9) "Party" includes the petitioner, the
						executive officer and employees of the state board, and an intervenor to the
						extent permitted by the hearing officer pursuant to section
						60055.21. Notice to the executive
						officer shall constitute notice to all employees of the state board involved in
						the case.
(10) "Petition" means
						petition to review an executive officer decision.
(11) "Petitioner" means a person directly
						affected by a decision of the executive officer who requests a hearing pursuant
						to Subarticle 5 to review that decision.
(12) "Proceeding" means any hearing,
						determination or other activity before the hearing officer involving the
						parties to a petition for review.
(13) "Response" means a document filed by the
						executive officer responding to the petition for review.
(14) "Settlement Agreement" means a written
						agreement executed by the petitioner, the executive officer, and, to the extent
						permitted by the hearing officer pursuant to section
						60055.21(b)(4),
						an intervenor that respectively settles the allegations at issue in the
						petition for review.