California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 1.5 - Rules of Practice and Procedure › Article 2 - Adjudicative Proceedings › Section 648.1 - Parties and Other Interested Persons

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  party or parties to an adjudicative proceeding before the Board shall include
				  the person or persons to whom the agency action is directed and any other
				  person whom the Board determines should be designated as a party. The hearing
				  notice may specify a procedure for designation of the parties to a particular
				  adjudicative proceeding.
(b) In a
				  water right proceeding, the party or parties shall include the water right
				  applicant or petitioner, persons who have filed unresolved protests, persons
				  who have filed unresolved objections to a temporary change petition, persons
				  who have filed an unresolved written complaint with the Board concerning the
				  subject matter of the hearing, and any other persons who are designated as
				  parties in accordance with the procedure specified in the hearing
				  notice.
(c) Persons who fail to
				  comply with the procedural requirements specified in the hearing notice for
				  participation as parties in a proceeding may be dismissed as parties to the
				  proceeding.
(d) The Board or
				  presiding officer may provide an opportunity for presentation of policy
				  statements or comments, either orally or in writing, by interested persons who
				  are not participating as parties in the proceeding. Persons presenting
				  nonevidentiary policy statements will not be subject to cross-examination but
				  may be asked to respond to clarifying questions from the Board, staff, or
				  others, at the discretion of the Board or presiding officer. The criteria and
				  procedures applicable to participation in a Board adjudicative proceeding as an
				  interested person may be established in the hearing notice or by the presiding
				  officer. Interested persons will not normally be required to serve copies of
				  their statements on the parties to the proceeding nor will they normally be
				  allowed to participate in cross-examination. The hearing notice may require
				  that any written policy statements proposed to be submitted to the Board, be
				  submitted prior to the hearing. If the requirement for prior submittal of
				  policy statements applies to persons who address the Board or a subcommittee of
				  the Board at a meeting subject to the Bagley-Keene Open Meeting Act (article 9
				  [commencing with section
				  11110] of chapter 1 of article 1
				  of division 3 of title 2 of the Government Code), the requirement should be
				  included in the notice of the meeting. Interested persons are not entitled to
				  receive service of exhibits, testimony, or other documents served on the
				  parties to the proceeding unless specifically so provided in the hearing notice
				  or by the presiding officer.
1. Repealer
					 and new section filed 3-26-98 as an interim regulation pursuant to Government
					 Code section
					 11400.20;
					 operative 3-26-98 (Register 98, No. 13). Interim regulations expire 12-31-98
					 unless earlier amended or repealed.
2. Pursuant to Government Code
					 section
					 11400.20(b)(2),
					 interim regulations extended to 3-31-99 by filing of permanent regulations with
					 OAL on 11-25-98. Adoption of permanent regulations disapproved by OAL 1-12-99;
					 resubmitted by the State Water Resources Control Board on 3-10-99; and filed
					 with the Secretary of State on 3-31-99, effective upon filing (Register 99, No.
					 14).
Note: Authority cited: Sections
						185 and
						1058, Water
						Code. Reference: Sections
						183,
						13263, and
						13378, Water
						Code.