reglab/statecodes huggingface dataset:
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 5 - Prehearing Procedures › Section 60055.21 - Motion to Intervene

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						A person may file a motion to intervene, and the hearing officer may grant such
						a motion if all of the following conditions are satisfied:
(1) The motion is in writing, with copies
						served on all parties named in the petition for review.
(2) The motion is made as early as
						practicable prior to the prehearing conference, if one is held, or the first
						day of the hearing on the merits of the petition for review.
(3) The motion states facts demonstrating
						that the requesting intervenor's legal rights, duties, privileges, or
						immunities will be substantially affected by the proceeding or that it
						qualifies as an intervenor under a statute or regulation.
(4) The hearing officer determines that the
						interests of justice and the orderly and prompt conduct of the proceeding will
						not be impaired by allowing the intervention.
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 5 - Prehearing Procedures › Section 60055.22 - Consolidation, Separation of Proceedings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon the motion of a party or upon the
						hearing officer's own motion, the hearing officer may consolidate for hearing
						and decision:
(1) Any number of proceedings
						involving the same respondent or petitioner;
(2) Any number of proceedings involving
						common issues of law or fact where consolidation would expedite and simplify
						consideration of the issues and would not adversely affect the rights of the
						parties.
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 5 - Prehearing Procedures › Section 60055.23 - Prehearing Conference

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						Upon the scheduling of a petition for review for hearing, the hearing officer
						may order the scheduling of a prehearing conference upon his or her own motion
						or the request of any party. A request for a prehearing conference shall be in
						writing, addressed to the hearing officer and served on all parties.
(b) A prehearing conference shall be held no
						later than 30 days after an order of the hearing officer or a request by a
						party, but no later than 60 days from the date of the executive officer's
						filing of its response to the petition.
(c) The hearing officer may conduct the
						prehearing conference in person or by telephone.
(d) At least ten business days before a
						scheduled conference, each party shall file with the hearing office and serve
						on all other parties a prehearing conference statement which shall contain the
						following information:
(1) Identification of
						all operative pleadings by title and date signed;
(2) The party's current estimate of time
						necessary to try the case;
(3) The
						name of each witness the party may call at hearing along with a brief statement
						of the content of the witness's expected testimony;
(4) The identity of any witness whose
						testimony will be presented by affidavit pursuant to section
						60055.29, if known;
(5) The name and address of each expert
						witness the party intends to call at hearing along with a brief statement of
						the opinion the expert is expected to give. The party shall also attach a copy
						of a current resumé for each expert witness;
(6) Whether there is need for an interpreter
						or special accommodation at the hearing;
(7) A list of the documentary exhibits the
						party intends to present at hearing and a description of any physical or
						demonstrative evidence; and
(8) A
						concise statement of any legal issues which may affect the presentation of
						evidence or the disposition of the case.
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 5 - Prehearing Procedures › Section 60055.24 - Settlement Agreements and Consent Orders

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) At any time before a final decision is
						issued, parties, (the complainant and the respondent) may settle the matters at
						issue, in whole or in part.
(b) The
						parties may request the assistance of the hearing office in their attempts to
						settle the matters at issue. Upon receiving such a request, the hearing office
						may assign a settlement hearing officer, who is not the same hearing officer
						that has been assigned, to hear the merits of the case, unless the parties
						specifically request in writing the assignment of the latter hearing
						officer.
(c) The parties shall
						memorialize any agreement in writing.
(d) In a petition for review proceeding, if
						the parties resolve all issues raised by the petition, the petitioner shall
						agree to withdraw the petition and the case shall be dismissed.
(e) If the settlement does not wholly
						conclude the action, the hearing officer assigned to hear the merits of the
						case shall promptly inform the parties of the schedule of the remaining
						proceedings.
(f) Unless the parties
						have otherwise consented to use the hearing officer assigned to hear the merits
						of the case in settlement discussions, settlement discussions or offers of
						compromise regarding unresolved issues shall not be discussed with that hearing
						officer. Settlement discussions or offers of compromise shall also not be made
						part of the record of the proceedings.
1. New
						  section filed 9-1-99; operative 10-1-99 (Register 99, No.
						  36).
Note: Authority cited: Sections
							 39600
							 and
							 39601,
							 Health and Safety Code. Reference: Mathews v. Eldridge,
							 424 U.S.
							 319 (1976); Section
							 43105,
							 Health and Safety Code; and Section
							 11415.60,
							 Government Code.
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 5 - Prehearing Procedures › Section 60055.25 - Discovery

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The provisions
						of this section provide the exclusive right to, and method of, discovery as to
						any proceeding governed by these hearing procedures. However, nothing in this
						section prohibits the parties from voluntarily stipulating to provide discovery
						deemed appropriate. This section does not authorize the inspection or copying
						of, any writing, or thing which is privileged from disclosure by law or
						protected as part of an attorney's work product.
(b) The names and addresses of witnesses;
						inspection and copying of documents and things.
(1) Unless otherwise stipulated to by the
						parties, within 30 days of the hearing officer's determination that a hearing
						is required under section
						60055.17, a party may request:
(A) The names and addresses of witnesses to
						the extent known to the other party, including, but not limited to, those
						intended to be called to testify at the hearing; and
(B) The opportunity to inspect and make a
						copy of any thing, document, statement or other writings relevant to the issues
						for hearing that are in the possession, custody or control of the other party
						and would be admissible in evidence. This includes the following information
						from inspection or investigative reports prepared by, or on behalf of, any
						party that pertain to the subject matter of the proceeding:
(i) the names and addresses of witnesses or
						of persons (other than confidential informants) having personal knowledge of
						the issues involved in the proceeding,
(ii) matters perceived by the investigator in
						the course of his or her investigation (as opposed to his or her analysis or
						conclusions), and
(iii) statements
						related to the issues of the proceedings which are otherwise admissible. For
						purposes of this section, "any thing, document, statement or other writings
						relevant to the issues for hearing that are in the possession, custody, or
						control of the other party" would include those items within the possession,
						custody, or control of a third-party who obtained or used such items while
						acting as a representative, contractor, or agent of the "other
						party".
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 5 - Prehearing Procedures › Section 60055.27 - Witness Lists and Exhibits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						No later than ten days before the scheduled hearing date, the parties shall
						submit to the hearing office and serve upon the other parties:
(1) A list of the names, addresses and
						qualifications of proposed witnesses to be called in making the party's
						case-in-chief and a brief summary of the testimony to be presented by each
						witness; and
(2) Each document or
						other exhibit, the party expects to offer or may offer, if the need arises,
						into evidence in making the party's case-in-chief.
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 5 - Prehearing Procedures › Section 60055.28 - Motions for Summary Determination of Issues

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any party may file a motion for summary
						judgment or summary adjudication of the issues. Such motions shall include
						supporting legal argument, and where necessary, affidavits showing that there
						is no genuine issue of material fact for determination regarding the identified
						issues. A party opposing such a motion shall show by affidavit or other
						documentation that a genuine issue of material fact as to the issues raised
						exists. After reviewing the motion and response of the parties, the
						administrative record, and any arguments of the parties, the hearing officer
						shall determine whether a genuine issue of material fact as to the issues
						exists and whether a party is entitled to judgment on the issue(s) as a matter
						of law.
(b) If, upon considering a
						motion under subparagraph (c), the hearing officer determines that a party is
						entitled to summary judgment on the issue(s) as a matter of law, the hearing
						officer shall issue a written decision or order that sets forth necessary
						findings of fact and conclusions of law regarding all matters that were at
						issue.
(c) Should it appear from
						the affidavits of a party opposing the motion that the party cannot, for
						reasons stated, present by affidavit facts essential to justify the party's
						opposition, the hearing officer may deny the motion or may grant a continuance
						to permit affidavits to be obtained or to permit such additional discovery as
						provided under these procedures.
(d) The hearing officer shall deny a request
						for summary determination of the issue(s) if he or she finds the administrative
						record, including any evidence presented by the parties as part of this motion,
						present a genuine issue of material fact. If the hearing officer denies a
						request for summary determination, or denies such a request in part, the
						hearing officer shall promptly issue to each party a written ruling as to the
						existence of a genuine issue of material fact on the issue(s) and the reasons
						for the ruling. The matter shall continue to be set for hearing on all issues
						for which a genuine issue of material fact exists.
1. New
						  section filed 9-1-99; operative 10-1-99 (Register 99, No.
						  36).
Note: Authority cited: Sections
							 39600
							 and
							 39601,
							 Health and Safety Code. Reference: Mathews v. Eldridge,
							 424 U.S.
							 319 (1976); and Section
							 43105,
							 Health and Safety Code.
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 6 - Contempt and Sanctions › Section 60055.29 - Contempt

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If any person in proceedings before the hearing officer
						  disobeys or resists any lawful order or refuses to respond to a subpoena,
						  subpoena duces tecum, or refuses to take the oath or affirmation as a witness
						  or thereafter refuses to be examined, or is guilty of misconduct during a
						  hearing or in its immediate vicinity as to obstruct the proceedings, the
						  hearing officer may certify the facts to the Superior Court in and for the
						  county where the proceedings are held for contempt proceedings pursuant to
						  Government Code section
						  11455.20.
1. New
						  subarticle 6 (sections
						  60055.29-60055.30) and section
						  filed 9-1-99; operative 10-1-99 (Register 99, No.
						  36).
Note: Authority cited: Sections
							 39600
							 and
							 39601,
							 Health and Safety Code. Reference: Mathews v. Eldridge,
							 424 U.S.
							 319 (1976); Section
							 43105,
							 Health and Safety Code; and Sections
							 11455 and
							 11525,
							 Government Code.
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 6 - Contempt and Sanctions › Section 60055.30 - Sanctions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Notwithstanding
						the above, the hearing officer may order a party, a party's representative or
						both, to pay reasonable expenses, including attorney's fees, incurred by
						another party as a result of bad faith actions or tactics that are frivolous or
						solely intended to cause unnecessary delay.
(1) "Actions or tactics" include, but are not
						limited to, the making or opposing of motions; the failure to comply with a
						discovery request or subpoena; or the failure to comply with a lawful order of
						the hearing officer.
(2)
						"Frivolous" means:
(A) Totally and completely
						without merit; or
(B) For the sole
						purpose of harassing an opposing party.
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 7 - Hearings › Section 60055.31 - Failure to Appear

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If after service of a Notice of Hearing, including
						  Notice of Consolidated Hearing or Continuance, a party fails to appear at a
						  hearing either in person or by representative, the hearing officer may take the
						  proceeding off calendar, or may, at the request of a party, or on his or her
						  own motion, adversely rule against the absent party.
1. New
						  subarticle 7 (sections
						  60055.31-60055.36) and section
						  filed 9-1-99; operative 10-1-99 (Register 99, No.
						  36).
Note: Authority cited: Sections
							 39600
							 and
							 39601,
							 Health and Safety Code. Reference: Mathews v. Eldridge,
							 424 U.S.
							 319 (1976); and Section
							 43105,
							 Health and Safety Code.
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 7 - Hearings › Section 60055.32 - Conduct of Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
						hearing shall be presided over by a hearing officer who shall conduct a fair
						and impartial hearing in which each party has a reasonable opportunity to be
						heard and to present evidence.
(b)
						The hearing shall be conducted in the English language.
(c) Subject to reasonable limitations that
						may be imposed by the hearing officer, each party to the proceeding shall have
						the right to:
(1) Call and examine
						witnesses;
(2) Introduce
						exhibits;
(3) Question opposing
						witnesses on any matter relevant to the issues even though that matter was not
						covered in the direct examinations;
(4) Impeach any witness regardless of which
						party first called the witness to testify; and
(5) Call and examine an opposing party as if
						under cross-examination, even if that party does not testify on his or her own
						behalf.
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 7 - Hearings › Section 60055.33 - Evidence

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Testimony shall
						be taken only under oath or affirmation.
(b) The hearing need not be conducted
						according to technical rules relating to evidence and witnesses. The hearing
						officer shall admit evidence which is the sort of evidence on which responsible
						persons are accustomed to rely in the conduct of serious affairs, regardless of
						the existence of any common law or statutory rule which might make improper the
						admission of such evidence over objection in civil actions, and which is not
						irrelevant, immaterial, unduly repetitious, or otherwise unreliable or of
						little probative value. Hearsay evidence may be used for the purpose of
						supplementing or explaining other evidence, but upon timely objection shall not
						be sufficient in and of itself to support a finding unless it would be
						admissible over objection in civil actions. The application of these rules
						shall not affect the substantial rights of the parties as provided in the
						Evidence Code.
(c) The rules of
						privilege shall be effective to the extent that they are otherwise required by
						statute to be recognized at the hearing.
(d) Consistent with the provisions of section
						60055.25(d),
						trade secret and other confidential information may be introduced into
						evidence. The hearing officer shall take all precautions to preserve the
						confidentiality of such information, and may make such orders as may be
						necessary to consider such evidence in a closed meeting, including the use of a
						supplemental order or decision to address matters which arise out of that
						portion of the evidence which is confidential.
(e) In reaching a decision, official notice
						may be taken, either before or after submission of the proceeding for decision,
						of any generally accepted technical or scientific matter within the state
						board's area of expertise, and determinations, rulings, orders, findings and
						decisions, required by law to be made by the state board or the hearing
						officer.
(1) The hearing officer shall take
						official notice of those matters set forth in section
						451 of the
						Evidence Code.
(2) The hearing
						officer may take official notice of those matters set forth in section
						452 of the
						Evidence Code.
(3) Each party shall
						give notice of a request to take official notice and be given reasonable
						opportunity on request to present information relevant to:
(A) The propriety of taking official notice;
						and
(B) The effect of the matter to
						be noticed.
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 7 - Hearings › Section 60055.34 - Evidence by Affidavit or Declaration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) At any time 20 or more days prior to a
						hearing or a continued hearing, a party may mail or deliver to the opposing
						party or parties a copy of any affidavit or declaration which the proponent
						proposes to introduce in evidence, together with a notice as provided in
						subdivision (b). Unless an opposing party, within seven days after such mailing
						or delivery, mails or delivers to the proponent a request to cross-examine the
						affiant or declarant the opposing party's right to cross-examine such affiant
						or declarant is waived and the affidavit or declaration, if introduced in
						evidence, shall be given the same effect as if the affiant or declarant had
						testified orally. If an opportunity to cross-examine an affiant or declarant is
						not afforded after request therefore is made as herein provided, the hearing
						officer may allow the affidavit or declaration to be introduced, but if it is
						allowed to be introduced, it shall only be given the same effect as other
						hearsay evidence.
(b) The notice
						referred to in subdivision (a) shall be a separate document concurrently served
						with the affidavit or declaration, entitled "Notice of Intent to Use
						Declaration or Affidavit in Lieu of Oral Testimony." The title shall be in bold
						print. The content of the notice shall be substantially in the following form:
"The accompanying affidavit or declaration of [insert
						  name of affiant or declarant] will be introduced as evidence at the hearing in
						  [insert title and docket number or petition number of proceeding]. [Insert
						  name] will not be called to testify orally and you will not be entitled to
						  question the affiant or declarant unless you notify [insert name of the
						  proponent, representative, agent or attorney] at [insert address] that you wish
						  to cross-examine the affiant or declarant. To be effective, your request must
						  be mailed or delivered to [insert name of proponent, representative, agent or
						  attorney] on or before [insert a date 7 days after the date of mailing or
						  delivery of the affidavit to the opposing party]."
1. New
						  section filed 9-1-99; operative 10-1-99 (Register 99, No.
						  36).
Note: Authority cited: Sections
							 39600
							 and
							 39601,
							 Health and Safety Code. Reference: Mathews v. Eldridge,
							 424 U.S.
							 319 (1976); and Section
							 43105,
							 Health and Safety Code.
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 7 - Hearings › Section 60055.35 - Exclusion of Witnesses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Upon motion of a party, the hearing officer may exclude
						  from the hearing room any witnesses not at the time under examination; but the
						  parties or their representatives to the proceeding shall not be
						  excluded.
1. New
						  section filed 9-1-99; operative 10-1-99 (Register 99, No.
						  36).
Note: Authority cited: Sections
							 39600
							 and
							 39601,
							 Health and Safety Code. Reference: Mathews v. Eldridge,
							 424 U.S.
							 319 (1976); and Section
							 43105,
							 Health and Safety Code.
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 7 - Hearings › Section 60055.36 - Oral Argument and Briefs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						Prior to the close of the hearing, the hearing officer may, on his or her own
						motion, or upon motion of a party, grant and determine the length of oral
						argument.
(b) Motions to submit
						written closing argument shall be made prior to the close of the hearing and
						shall be granted at the discretion of the hearing officer upon a determination
						that written argument will be productive and will not unreasonably delay the
						disposition of the proceeding. The hearing officer shall determine the
						appropriate page lengths of all post hearing briefs at the time he or she
						determines that the filing of closing arguments is appropriate. A party shall
						file written closing brief within 15 working days from the date of the hearing.
						Opposing parties may file a reply brief within 10 working days from service of
						the argument. The hearing officer may extend or reduce the above filing dates
						for submission of written argument for good cause.
1. New
						  section filed 9-1-99; operative 10-1-99 (Register 99, No.
						  36).
Note: Authority cited: Sections
							 39600
							 and
							 39601,
							 Health and Safety Code. Reference: Mathews v. Eldridge,
							 424 U.S.
							 319 (1976); and Section
							 43105,
							 Health and Safety Code.
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 8 - Decisions of the Hearing Officer › Section 60055.37 - Default Order

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						Upon motion, the hearing officer may find a party to be in default upon
						failure, without good cause to appear at a scheduled conference or hearing; or
						to comply with an order of the hearing officer.
(b) A default by the petitioner shall result
						in dismissal of the petition, with prejudice.
(c) A default by the executive officer shall
						result in reversal of the decision of the executive officer that is under
						review.
(d) Any proceeding may be
						reinstated by the hearing officer upon a showing of good cause that contains
						sufficient facts to show or establish a reasonable basis for the failure to
						appear at the hearing. The request for reinstatement shall be made by the
						defaulting party within 30 days of service of the default order.
1. New
						  subarticle 8 (sections
						  60055.37-60055.38) and section
						  filed 9-1-99; operative 10-1-99 (Register 99, No.
						  36).
Note: Authority cited: Sections
							 39600
							 and
							 39601,
							 Health and Safety Code. Reference: Mathews v. Eldridge,
							 424 U.S.
							 319 (1976); and Section
							 43105,
							 Health and Safety Code.
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 8 - Decisions of the Hearing Officer › Section 60055.38 - Proposed Order or Decision of the Hearing Officer After Petition for Review Hearing; Order or Decision of the Board

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Unless otherwise ordered, all hearings on
						petitions for review shall be submitted at the close of the hearing unless
						otherwise extended by the hearing officer or provided in these rules. Within a
						reasonable period of time after the proceeding is submitted, the hearing
						officer shall make findings upon all facts relevant to the issues for hearing,
						and file a proposed order or decision with the reasons or grounds upon which
						the order or decision was made.
(b)
						The proposed order or decision shall be in writing, signed and dated by the
						hearing officer deciding the proceeding.
(c) The hearing officer shall immediately
						certify the administrative record and forward it, together with a copy of the
						proposed order or decision, to the clerk of the board. Within 30 days after
						receipt of the proposed order or decision, the clerk of the board shall serve a
						copy of the proposed order or decision on each party to the proceeding or its
						representative and shall issue a public notice that the state board will
						conduct a public hearing to consider adoption of the proposed order or decision
						of the hearing officer. At the public hearing, the state board may take any of
						the following actions:
(1) Adopt the proposed
						order or decision in its entirety.
(2) Make technical or other minor changes to
						the proposed order or decision and adopt it as its own. Actions under this
						subparagraph are limited to clarifying or other changes that do not affect the
						factual or legal basis of the proposed decision.
(3) Refer the matter back to the hearing
						officer for the taking of additional evidence, or order that additional
						evidence be taken at a hearing before the state board itself. If the matter is
						remanded to the hearing officer, the hearing officer shall issue and serve upon
						the parties a new proposed order or decision based upon the new evidence that
						has been received. In such an event, the state board shall consider the newly
						proposed order or decision under the procedures set forth in this
						section.
(4) Issue its own written
						order or decision, based on the administrative record and any additional
						evidence presented during the public hearing, setting forth findings of fact
						and conclusions of law regarding all issues necessary to support the order or
						decision.
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 9 - Reconsideration › Section 60055.39 - Reconsideration by the State Board

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A party aggrieved by an order or decision of the state
						  board relating to a petition for review of an executive officer decision
						  pursuant to section
						  60055.38 of these rules, or an
						  initial determination by the hearing officer that a hearing to consider a
						  petition is not required by law, pursuant to section
						  60055.17 of these rules, may
						  within 20 days of service of such order or decision, request that the state
						  board reconsider its order or decision with respect to any matters covered
						  therein. The request for reconsideration shall be filed with the clerk of the
						  state board and shall be served on all parties and the hearing office. The
						  request shall be deemed filed the date it is delivered or mailed to the clerk
						  of the state board.
1. New
						  subarticle 9 (sections
						  60055.39-60055.41) and section
						  filed 9-1-99; operative 10-1-99 (Register 99, No.
						  36).
Note: Authority cited: Sections
							 39600
							 and
							 39601,
							 Health and Safety Code. Reference: Mathews v. Eldridge,
							 424 U.S.
							 319 (1976); and Section
							 43105,
							 Health and Safety Code.
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 9 - Reconsideration › Section 60055.40 - Requirements in Filing Request for Reconsideration; Comments Opposing Request

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
						request for reconsideration of a state board's order or decision regarding a
						petition for review of an executive officer decision shall be signed by the
						party or its representative and verified under oath. The request shall be based
						upon one or more of the following grounds:
(1)
						The hearing officer or the state board acted without or in excess of its
						powers;
(2) The order or decision
						was procured by fraud;
(3) The
						order or decision is not supported by the evidence or the findings of
						fact;
(4) The requesting party has
						discovered new material evidence that could not, with reasonable diligence,
						have been discovered and produced at the hearing; or
(5) The hearing officer and/or the state
						board have misapplied applicable law.
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 9 - Reconsideration › Section 60055.41 - Decision on Reconsideration; Stays

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The state board may upon the request of a
						party or its own motion, stay, suspend, or postpone the order or decision that
						it has issued while the request for reconsideration is pending.
(b) The state board shall consider the
						request for reconsideration at the next scheduled board meeting at which the
						matter may be timely considered and may:
(1)
						Review some, but not all issues raised by the request;
(2) Affirm, rescind, or amend the findings
						and conclusions of law, of the order or decision; or
(3) Direct the taking of additional evidence
						either by submission or further hearing.
(A)
						If the state board orders the parties to submit additional evidence, notice and
						an opportunity to respond shall be given to all parties.
(B) If the state board orders that additional
						evidence be taken at a further hearing conducted by the state board or the
						hearing officer assigned to the case and that additional findings of fact be
						made, notice of the time and place of the hearing shall be given to all parties
						and to such other persons that may be affected by the order.
(C) The issues on further hearing shall be
						limited to those set forth in the order issued by the state board.
(D) The time limits in section
						60055.38 of these rules for filing
						an order or decision shall not apply to further hearings during
						reconsideration.
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 10 - Final Order or Decision; Judicial Review › Section 60055.42 - Final Order or Decision; Effective Date

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If no request for reconsideration of
						state board's order or decision is filed within 30 days of the service of an
						order or decision, the initial order or decision of the state board shall
						become final. The effective date of the final order or decision shall be the
						date set forth in the state board's initial decision.
(b) If reconsideration has been requested,
						the order or decision of the state board that addresses and fully disposes of
						the request for reconsideration is the final order or decision. The effective
						date of the order or decision shall be the date that the order or decision was
						served on the parties.
1. New
						  subarticle 10 (sections
						  60055.42-60055.43) and section
						  filed 9-1-99; operative 10-1-99 (Register 99, No.
						  36).
Note: Authority cited: Sections
							 39600
							 and
							 39601,
							 Health and Safety Code. Reference: Mathews v. Eldridge,
							 424 U.S.
							 319 (1976); and Section
							 43105,
							 Health and Safety Code.
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 10 - Final Order or Decision; Judicial Review › Section 60055.43 - Judicial Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
						party adversely affected by a final decision of the state board, may seek
						judicial review by filing a petition for a writ of mandate in accordance with
						section
						1094.5
						of the California Code of Civil Procedure. The right to petition shall not be
						affected by the failure to seek reconsideration before the agency. Such
						petition shall be filed within 30 days after the order or decision becomes
						final.
(b) The state board may seek
						to enforce a final order or decision in superior court in accordance with
						applicable law.
1. New
						  section filed 9-1-99; operative 10-1-99 (Register 99, No.
						  36).
Note: Authority cited: Sections
							 39600
							 and
							 39601,
							 Health and Safety Code. Reference: Mathews v. Eldridge,
							 424 U.S.
							 319 (1976); Section
							 43105,
							 Health and Safety Code; and Section
							 1094.5,
							 California Code of Civil Procedure.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 1.25 - Administrative Procedures-Hearings › Article 2.5 - Administrative Procedures for Review of Executive Officer Determinations Regarding Service Information for 1994 and Subsequent Model Year Passenger Cars, Light-Duty Trucks, and Medium-Duty Engines and Vehicles and 2007 and Subsequent Model Year Heavy-Duty Engines › Subarticle 1 - General Provisions › Section 60060.1 - Applicability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) This article
						governs review of Executive Officer determinations regarding compliance with
						the provisions of Health and Safety Code section
						43105.5,
						and its implementing regulations, title 13, California Code of Regulations,
						section 1969.
(b) The provisions of this article apply only
						to determinations issued on or after the effective date of this
						article.
1. New
						  article 2.5 (subarticles 1-9, sections
						  60060.1-60060.34), subarticle 1
						  (sections 60060.1-60060.10) and section
						  filed 9-12-2002; operative 10-1-2002 pursuant to Government Code section
						  11343.4
						  (Register 2002, No. 37).
2. Amendment of article heading filed
						  6-15-2007; operative 7-15-2007 (Register 2007, No.
						  24).
Note: Authority cited: Sections
							 39600,
							 39601
							 and
							 43105.5(e) and
							 (f), Health and Safety Code. Reference:
							 43105.5(e) and (f), Health and Safety Code; Sections
							 11500, et seq., Government Code;
							 Section 1969, title 13, California Code of
							 Regulations; and Mathews v. Eldridge (1976)
							 424 U.S.
							 319.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 1.25 - Administrative Procedures-Hearings › Article 2.5 - Administrative Procedures for Review of Executive Officer Determinations Regarding Service Information for 1994 and Subsequent Model Year Passenger Cars, Light-Duty Trucks, and Medium-Duty Engines and Vehicles and 2007 and Subsequent Model Year Heavy-Duty Engines › Subarticle 1 - General Provisions › Section 60060.2 - 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, section
						1969(c). The
						definitions set forth in Title 17, California Code of Regulations, section
						60065.2 shall also be applicable
						to the extent that such definitions do not conflict with any terms as defined
						below. To the extent that any definition in section
						60065.2 is applicable to these
						hearing procedures, any reference to a section within Article 3 that is set
						forth in that definition shall be read as the parallel section within this
						Article.
(b) The following
						definitions also apply:
(1) "Executive
						Officer" is the Executive Officer of the state board and employees of the state
						board authorized to represent the Executive Officer in the determination made
						pursuant to title 13, CCR, section
						1969(j).
(2) "Interested Party" shall mean the covered
						person who filed the underlying request for audit that led to the issuance of a
						notice to comply.
(3) "Party"
						refers to the Executive Officer, motor vehicle manufacturer or engine
						manufacturer appearing before a hearing officer in a hearing to review an
						Executive Officer determination against the motor vehicle manufacturer or
						engine manufacturer for noncompliance with Health and Safety Code section
						43105.5
						and title 13, California Code of Regulations section
						1969 and also to any person whose
						motion to intervene has been granted pursuant to section
						60060.8.
(4) "Request for Review" refers to the
						document requesting an administrative hearing that may be filed by a motor
						vehicle manufacturer, an engine manufacturer, or the Executive
						Officer.
(5) "Response" means a
						document that is responsive to the request for review filed by a party opposed
						to the review or the relief requested.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 1.25 - Administrative Procedures-Hearings › Article 2.5 - Administrative Procedures for Review of Executive Officer Determinations Regarding Service Information for 1994 and Subsequent Model Year Passenger Cars, Light-Duty Trucks, and Medium-Duty Engines and Vehicles and 2007 and Subsequent Model Year Heavy-Duty Engines › Subarticle 1 - General Provisions › Section 60060.3 - Right to Representation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A party may appear in person or through a
						representative, who is not required to be an attorney at law. The right to
						representation is at the party's own expense. Following notification that a
						party is represented by a person other than him or herself, all further
						communications regarding the proceedings shall be directed to that
						representative.
(b) A
						representative of a party shall be deemed to control all matters respecting the
						interest of such party in the proceeding. Persons who appear as representatives
						shall not engage in unethical conduct or intentionally fail to observe the
						procedures set forth in these rules and the proper instructions or orders of
						the hearing officer.
(c) A
						representative may withdraw an appearance by filing a written notice of
						withdrawal with the hearing office and by serving a copy on all
						parties.
1. New
						  section filed 9-12-2002; operative 10-1-2002 pursuant to Government Code
						  section
						  11343.4
						  (Register 2002, No. 37).
Note: Authority cited: Sections
							 39600,
							 39601
							 and
							 43105.5(e) and
							 (f), Health and Safety Code. Reference:
							 Sections
							 43105.5(e) and
							 (f), Health and Safety Code; Section
							 1969, title 13, California Code of
							 Regulations; and Mathews v. Eldridge (1976)
							 424 U.S.
							 319.