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 7 - Discovery, and Subpoenas and Subpoenas Duces Tecum › Section 60075.27 - Proceeding to Compel Discovery

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any party claiming that its request for
						discovery pursuant to this section has not been complied with or that the
						opposing party has failed to comply with a stipulated agreement to provide
						discovery may serve and file with the hearing officer a motion to compel the
						party who has refused or failed to produce the requested or stipulated
						discovery to comply. The motion shall state facts showing the party has failed
						or refused to comply with a discovery request or stipulation, a description of
						the matters sought to be discovered, the reason or reasons why the matter is
						discoverable, that a reasonable and good faith attempt to contact the
						noncomplying party for an informal resolution of the issue has been made, and
						the grounds of the noncomplying party's refusal so far as known to the moving
						party.
(b) The motion shall be
						filed within 15 days after the date the requested materials were to be made
						available for inspection and copying or the date a deposition was scheduled to
						take place and served upon the party who has failed or refused to provide
						discovery.
(c) The hearing on the
						motion to compel discovery shall be held within 15 days after the motion is
						filed, or a later time that the hearing officer may on his or her own motion
						for good cause determine. The party who has refused or failed to provide
						discovery shall have the right to serve and file a written answer or other
						response which shall be due at the hearing office and personally served on all
						parties at least three days prior to the date set for hearing.
(d) Where the matter sought to be discovered
						is under the custody or control of the party who has refused or failed to
						provide discovery and that party asserts that the matter is not a discoverable
						matter under this section, or is privileged against disclosure, the hearing
						officer may order that the party in custody lodge with the hearing office the
						matters identified in subdivision (b) of section
						915 of the
						Evidence Code and the hearing officer shall examine the matters in accordance
						with those provisions.
(e) The
						hearing officer shall decide the case on the matters examined in a closed
						meeting, the papers filed by the parties, and such oral argument and additional
						evidence as the hearing officer may allow.
(f) Unless otherwise stipulated by the
						parties, the hearing officer shall no later than 15 days after the hearing make
						its order denying or granting the motion. The order shall be in writing setting
						forth the matters the moving party is entitled to discover. The hearing office
						shall serve a copy of the order by mail upon the parties. Where the order
						grants the motion in whole or in part, the order shall not become effective
						until 10 days after the date the order is served. Where the order denies relief
						to the moving party, the order shall be effective on the date it is
						served.
(g) If after receipt of an
						order directing compliance with the provisions of these rules regarding
						discovery, a party fails, without good cause, to comply with the order, the
						hearing officer may draw adverse inferences against that party and may prevent
						that party from introducing any evidence that had been requested and not
						produced during discovery into the administrative record.
1. New
						  section filed 11-27-91; operative 11-27-91 pursuant to Government Code section
						  11346.2(d)
						  (Register 92, No. 8).
2. Renumbering of former section
						  60075.27 to section
						  60075.31 and renumbering and
						  amendment of former section
						  60075.25 to section
						  60075.27 filed 9-1-99; operative
						  10-1-99 (Register 99, No. 36).
3. Amendment of NOTE filed 9-4-2003;
						  operative 10-4-2003 (Register 2003, No. 36).
Note: Authority cited: Sections
							 39600,
							 39601,
							 42410,
							 43023,
							 43028,
							 43031(a)
							 and
							 44011.6(m),
							 Health and Safety Code. Reference: Mathews v. Eldridge,
							 424 U.S.
							 319 (1976); Sections
							 42410,
							 43023,
							 43028,
							 43031(a)
							 and
							 44011.6,
							 Health and Safety Code; and Sections
							 11186-
							 11188 and
							 11507.7,
							 Government Code.