California Code of Regulations › Title 2 - Administration › Division 3 - State Property Operations › Chapter 1 - State Lands Commission › Article 14 - Administrative Hearings › Section 3009 - Procedure for Contested Matters

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In the event that a Respondent responds
				  within the 21 Day period specified in section
				  3004(b) above, the
				  initial hearing date will be vacated and the following procedures
				  apply.
(b) The Enforcement Staff
				  shall prepare a statement of position and Mail a copy to the Respondent and the
				  Advisory Staff. The statement of position will set forth the evidence and
				  argument suggesting the Respondent has violated section
				  6224.3
				  of the Public Resources Code. The Enforcement Staff's statement of position
				  shall be Mailed to the Respondent at least thirty (30) Days after service of
				  the Notice of Violation. Except evidence submitted with its response, all
				  evidence and argument the Enforcement Staff wishes the Commission to consider
				  must be submitted with the Enforcement Staff's statement of position.
(c) The Respondent shall complete the
				  Statement of Defense form and provide any other documents, evidence, or
				  arguments the Respondent wishes the Commission to consider within forty-five
				  (45) Days of the Enforcement Staff Mailing its statement of position. The
				  Enforcement Staff's statement of position will notify the Respondent of this
				  deadline.
(d) The Enforcement Staff
				  may prepare a response to the Respondent's Statement of Defense or other
				  evidence and arguments. The Enforcement Staff's response shall be Mailed to the
				  Advisory Staff and Respondent at least forty-five (45) Days prior to the
				  enforcement hearing date.
(e) It is
				  the policy of the Commission to avoid surprise testimony and exhibits. The
				  Enforcement Staff and Respondent must each submit in advance of the hearing all
				  evidence the party would like the Commission to consider. The Presiding Officer
				  shall exclude material not submitted in accordance with these regulations
				  unless there is a showing of good cause and lack of prejudice to the parties.
				  Excluded material will not be considered by the Commission.
(f) On or before the deadlines specified
				  above, the Enforcement Staff and Respondent shall submit:
(1) All evidence the party would like the
				  Commission to consider. Evidence already in the Commission's files may be
				  submitted by reference as long as the location of the evidence in the
				  Commission's files is clearly identified.
(2) All legal and technical arguments or
				  analysis.
(3) The name of each
				  witness (including Commission staff) whom the party intends to call at the
				  hearing, the subject(s) that will be covered by each witness, and the estimated
				  time required by each witness to present their testimony. Witness testimony at
				  the hearing may not exceed the scope of previously-submitted written
				  material.
(4) The qualifications of
				  each expert witness, if any.
(5)
				  The Enforcement Staff may submit evidence of any type stated above with the
				  Enforcement Staff's response if such evidence responds to arguments or evidence
				  raised in the Respondent's arguments or evidence.