California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 1.25 - Administrative Procedures-Hearings › Article 4 - Administrative Hearing Procedures for Review of Citations › Subarticle 1 - General Provisions › Section 60075.2 - 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).
(b) The following definitions also apply:
(1) "Administrative record" means all
						documents and records timely filed with the hearing office, pursuant to section
						60075.3 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, executive officer, or the state board regarding the
						citation at issue; administrative record does not include any prohibited
						communications as defined in section
						60075.14, and any settlement
						discussions or offers of settlement.
(2) "Citation" means an administrative action
						alleging one or more Class I violations as determined by the state board
						pursuant to section
						60075.11.
(3) "Citee" means any person named in a
						citation as committing a Class I violation; in citations issued pursuant to
						Health and Safety Code section
						44011.6
						and title 13, CCR, section
						2180, et seq., the citee is the
						vehicle owner as defined in section
						2180.1(a)(21).
(4) "Citing Party" means the state board,
						acting through any of its employees that have been authorized by the state
						board or its executive officers, to investigate, issue, and prosecute a
						citation under this article.
(5)
						"Class I violation" means the type of violation for which issuance of a
						citation under this article is appropriate; it includes:
(A) All violations arising under Health and
						Safety Code sections
						44011.6,
						et seq.; and
(B) Those violations
						that are less complex, less serious in nature as determined by one or more
						relevant factors listed in section
						60075.11, and that the state board
						elects to address as "Class I violations."
(6) "Consent Order" means an order entered by
						the hearing officer in accordance with the settlement agreement of the
						parties.
(7) "Days" means calendar
						days.
(8) "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.
(9) "Discovery" means the
						limited right to exchange documents and taking of depositions, as provided in
						Subarticle 7.
(10) "Executive
						Officer" is the executive officer of the state board.
(11) "Hearing Office" is the office
						established by the state board to conduct administrative hearings pursuant to
						Health and Safety Code sections
						44011.6(m)
						and
						43028,
						or the Department of General Services, Office of Administrative Hearings
						("OAH"), established pursuant to Government Code section
						11370.2.
(12) "Hearing Officer" is an administrative
						law judge appointed by the state board to conduct hearings pursuant to sections
						44011.6
						and
						43028
						of the Health and Safety Code and these rules, or an administrative law judge
						within OAH, who shall be appointed to conduct hearings pursuant to Health and
						Safety Code sections
						42410
						and
						43023
						and these rules.
(13) "Party"
						includes the citing party and citee.
(14) "Penalty" means an administrative
						penalty assessed against a citee for one or more violations of the
						Act.
(15) "Proceeding" means any
						hearing, determination or other activity before the hearing officer that
						involves the parties to a citation or consideration of the citation.
(16) "Settlement Agreement" means a written
						agreement executed by citing party and citee that respectively settles the
						allegations at issue in the citation. The settlement agreement shall include,
						but not be limited to, the following:
(1)
						stipulations by the parties establishing subject matter;
(2) an admission by citee that it committed
						the violations as alleged in the citation or a statement by citee that it
						neither admits nor denies that it committed such violations; and
(3) the terms and conditions of the
						settlement.