reglab/statecodes huggingface dataset:
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 1 - Administrative Procedures › Article 2 - State Board Review of Executive Officer Actions › Section 60022 - Record Before the State Board

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The state board shall review the
					 executive officer action based upon (1) the record on which the executive
					 officer action was based; and (2) the contents of the petition(s) requesting
					 state board review. Additionally, where the state board determines that
					 additional evidence is necessary to its review of the action of the executive
					 officer, it may consider such new evidence, provided that all interested
					 persons who participated in any proceeding before the executive officer are
					 given at least fifteen (15) days to respond to any evidence accepted by the
					 board. Any person desiring the board to consider new evidence shall submit such
					 evidence in writing no later than three (3) days prior to the hearing. Where
					 the executive officer acted pursuant to a hearing, only persons who
					 participated in the hearing may submit new evidence to the board.
(b) At the hearing at which the board
					 considers the petition, the petitioner shall be afforded the opportunity to
					 comment in support of the petition.
Note: Authority cited: Sections
						  39600 an 39601, Health and Safety
						  Code. Reference: Section
						  39515,
						  Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 1 - Administrative Procedures › Article 2 - State Board Review of Executive Officer Actions › Section 60023 - State Board Action on Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Upon completing its review of the executive officer
						action, the state board may:
(1)
					 affirm the action of the executive officer; or
(2) set aside or modify the action of the
					 executive officer; or
(3) direct
					 the executive officer to take appropriate action as directed by the state
					 board.
Note: Authority cited: Sections
						  39600
						  and
						  39601,
						  Health and Safety Code. Reference: Section
						  39515,
						  Health and Safety Code.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 1 - Administrative Procedures › Article 3 - Permit Procedures › Section 60030 - Permit Application Review and Processing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The procedures and time periods set forth
					 in this subsection shall apply to all permit applications received by the
					 board, except for those permit applications specified in subsection (b).
(1) Within 30 days of receipt of an
					 application for a permit, as defined in Government Code Section
					 15375(a),
					 the executive officer shall inform the applicant, in writing, either that the
					 application is complete and accepted for filing or that the application is
					 deficient and identify the specific information required to make the
					 application complete.
(2) Within 15
					 days of receipt of additional information provided in response to a
					 determination by the executive officer that an application is deficient, the
					 executive officer shall inform the applicant, in writing, either that the new
					 information is sufficient to make the application complete and that the
					 application is accepted for filing, or that the application is deficient and
					 shall identify the specific information required to make the application
					 complete.
(3) Within 90 days after
					 an application is accepted for filing, the executive officer shall act to
					 approve or to disapprove the application.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 1.25 - Administrative Procedures-Hearings › Article 1 - Adjudicatory Hearings [Repealed] › Section 60040 - Applicability. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 9-18-89; operative 10-18-89 (Register 89, No. 39).
2.
						New subchapter 1.25 (articles 1-4), redesignation of former article 4 to
						article 1 (sections
						60040-60053) and amendment adding
						subsection (b) filed 9-1-99; operative 10-1-99 (Register 99, No.
						36).
3. Change without regulatory effect repealing article 1
						(sections 60040-60053) and section filed
						8-21-2014 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2014, No. 34).
Note: Authority cited: Sections
						  39600
						  and
						  39601,
						  Health and Safety Code. Reference: Sections
						  43105
						  and
						  44207,
						  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 1 - Adjudicatory Hearings [Repealed] › Section 60041 - Definitions. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 9-18-89; operative 10-18-89 (Register 89, No. 39).
2.
						Change without regulatory effect repealing section filed 8-21-2014 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2014, No. 34).
Note: Authority cited: Section
						  39600
						  and
						  39601,
						  Health and Safety Code. Reference: Sections
						  43105
						  and
						  44207,
						  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 1 - Adjudicatory Hearings [Repealed] › Section 60042 - Petition for Hearing. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 9-18-89; operative 10-18-89 (Register 89, No. 39).
2.
						Change without regulatory effect repealing section filed 8-21-2014 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2014, No. 34).
Note: Authority cited: Section
						  39600
						  and
						  39601,
						  Health and Safety Code. Reference: Sections
						  43105
						  and
						  44207,
						  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 1 - Adjudicatory Hearings [Repealed] › Section 60043 - Effect of Filing a Petition. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 9-18-89; operative 10-18-89 (Register 89, No. 39).
2.
						Change without regulatory effect repealing section filed 8-21-2014 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2014, No. 34).
Note: Authority cited: Sections
						  39600
						  and
						  39601,
						  Health and Safety Code. Reference: Mathews v. Eldridge,
						  424 U.S.
						  319 (1976); Sections
						  43105
						  and
						  44207,
						  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 1 - Adjudicatory Hearings [Repealed] › Section 60044 - Executive Officer Response to Petition. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 9-18-89; operative 10-18-89 (Register 89, No. 39).
2.
						Change without regulatory effect repealing section filed 8-21-2014 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2014, No. 34).
Note: Authority cited: Sections
						  39600
						  and
						  39601,
						  Health and Safety Code. Reference: Sections
						  43105
						  and
						  44207,
						  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 1 - Adjudicatory Hearings [Repealed] › Section 60045 - Time for and Notice of Hearings. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 9-18-89; operative 10-18-89 (Register 89, No. 39).
2.
						Change without regulatory effect repealing section filed 8-21-2014 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2014, No. 34).
Note: Authority cited: Sections
						  39600
						  and
						  39601,
						  Health and Safety Code. Reference: Sections
						  43105
						  and
						  44207,
						  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 1 - Adjudicatory Hearings [Repealed] › Section 60046 - Appointment of Hearing Officers and Presiding Officer. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 9-18-89; operative 10-18-89 (Register 89, No. 39).
2.
						Change without regulatory effect repealing section filed 8-21-2014 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2014, No. 34).
Note: Authority cited: Sections
						  39600
						  and
						  39601,
						  Health and Safety Code. Reference: Sections
						  43105
						  and
						  44207,
						  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 1 - Adjudicatory Hearings [Repealed] › Section 60047 - Interested Persons. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 9-18-89; operative 10-18-89 (Register 89, No. 39).
2.
						Change without regulatory effect repealing section filed 8-21-2014 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2014, No. 34).
Note: Authority cited: Sections
						  39600
						  and
						  39601,
						  Health and Safety Code. Reference: Sections
						  43105
						  and
						  44207,
						  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 1 - Adjudicatory Hearings [Repealed] › Section 60048 - Subpoenas. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 9-18-89; operative 10-18-89 (Register 89, No. 39).
2.
						Change without regulatory effect repealing section filed 8-21-2014 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2014, No. 34).
Note: Authority cited: Sections
						  39600
						  and
						  39601,
						  Health and Safety Code. Reference: Sections
						  39514,
						  43105
						  and
						  44207,
						  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 1 - Adjudicatory Hearings [Repealed] › Section 60049 - Witness List, Prehearing Statement, and Prehearing Conference. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 9-18-89; operative 10-18-89 (Register 89, No. 39).
2.
						Change without regulatory effect repealing section filed 8-21-2014 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2014, No. 34).
Note: Authority cited: Sections
						  39600
						  and
						  39601,
						  Health and Safety Code. Reference: Sections
						  43105
						  and
						  44207,
						  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 1 - Adjudicatory Hearings [Repealed] › Section 60050 - Oaths. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 9-18-89; operative 10-18-89 (Register 89, No. 39).
2.
						Change without regulatory effect repealing section filed 8-21-2014 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2014, No. 34).
Note: Authority cited: Sections
						  39600
						  and
						  39601,
						  Health and Safety Code. Reference: Sections
						  43105
						  and
						  44207,
						  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 1 - Adjudicatory Hearings [Repealed] › Section 60051 - Conduct of the Hearing. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 9-18-89; operative 10-18-89 (Register 89, No. 39).
2.
						Change without regulatory effect repealing section filed 8-21-2014 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2014, No. 34).
Note: Authority cited: Sections
						  39600
						  and
						  39601,
						  Health and Safety Code. Reference: Sections
						  43105
						  and
						  44207,
						  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 1 - Adjudicatory Hearings [Repealed] › Section 60052 - Decision of the State Board. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 9-18-89; operative 10-18-89 (Register 89, No. 39).
2.
						Change without regulatory effect repealing section filed 8-21-2014 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2014, No. 34).
Note: Authority cited: Sections
						  39600
						  and
						  39601,
						  Health and Safety Code. Reference: Sections
						  43105
						  and
						  44207,
						  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 1 - Adjudicatory Hearings [Repealed] › Section 60053 - Request for Reconsideration. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 9-18-89; operative 10-18-89 (Register 89, No. 39).
2.
						Change without regulatory effect repealing section filed 8-21-2014 pursuant to
						section 100, title 1, California Code of
						Regulations (Register 2014, No. 34).
Note: Authority cited: Sections
						  39600
						  and
						  39601,
						  Health and Safety Code. Reference: Sections
						  43105
						  and
						  44207,
						  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 1 - General Provisions › Section 60055.1 - Applicability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The provisions
						of this article shall apply to all adjudicatory hearings conducted for the
						purpose of reviewing any of the following decisions of the executive officer
						to:
(1) Recall motor vehicles or motor
						vehicle engine families pursuant to Health and Safety Code Section
						43105
						and sections
						2122, et seq., of title 13,
						California Code of Regulations;
(2)
						Revoke or suspend a license as a vehicle emission test laboratory pursuant to
						section 2048 of title 13, California Code
						of Regulations;
(3) Revoke or
						suspend a previously granted executive order certifying a motor vehicle engine
						family under Chapter 2, Part 5, Division 26 of the Health and Safety
						Code;
(4) Deny certification of a
						motor vehicle engine family under Chapter 2, Part 5, Division 26 of the Health
						and Safety Code; or
(5) Any other
						decision where the person directly affected by the executive officer's action
						requests a hearing and where an adjudicatory hearing is required by law but
						neither the administrative adjudication procedures contained in Government Code
						sections
						11500, et
						seq., nor other hearing procedures are specified.
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 1 - General Provisions › Section 60055.3 - 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 9-1-99; operative 10-1-99 (Register 99, No.
						  36).
Note: Authority cited: Sections
							 39600,
							 39601
							 and
							 43028,
							 Health and Safety Code. Reference: Mathews v. Eldridge,
							 424 U.S.
							 319 (1976); Section
							 43105,
							 Health and Safety Code; and Sections
							 2180, et seq., title 13,
							 California Code of Regulations.
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 1 - General Provisions › Section 60055.4 - Time Limits; Computation of Time

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All actions required pursuant to these
						rules shall be completed within the times specified in this article, unless
						extended by the hearing officer upon a showing of good cause, after
						consideration of prejudice to other parties. Requests for extensions of time
						for the filing of any pleading, letter, document, or other writing or
						completing any other required action must be received in advance of the date on
						which the filing or action is due and should contain sufficient facts to
						establish a reasonable basis for the relief requested.
(b) In computing the time within which a
						right may be exercised or an act is to be performed, the day of the event from
						which the designated period runs shall not be included and the last day shall
						be included. If the last day falls on a Saturday, Sunday, or a state holiday,
						time shall be extended to the next working day.
(c) In computing time, the term "day" means
						calendar day, unless otherwise provided.
(d) Unless otherwise indicated by proof of
						service, the mailing date shall be presumed to be the postmark date appearing
						on the envelope if first-class postage was prepaid and the envelope was
						properly addressed.
(e) Where
						service of any pleading, petition, letter, document, or other writing is by
						mail, overnight delivery, or facsimile transmission (fax), pursuant to section
						60055.5(c), and
						if within a given number of days after such service, a right may be exercised,
						or an act is to be performed, the time within which such right may be exercised
						or act performed shall be extended as provided in section
						60055.5(c).
(f) Papers delivered to or received by the
						hearing office during regular business hours (8 a.m. to 5 p.m.) will be filed
						on that date. Papers delivered or received at times other than regular business
						hours will be filed on the next regular business day.
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 1 - General Provisions › Section 60055.6 - Motions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any motion or
						request for action by the hearing officer relating to any proceeding pending
						before him or her filed by any party, except those made orally on the record at
						the hearing, shall be in writing and shall be directed to the hearing officer,
						with written notice and proof of service to all parties. The caption of each
						motion shall contain the title and docket number of the proceeding and a clear
						and plain statement of the relief sought, together with the grounds
						therefore.
(b) Except as otherwise
						provided by statute or these regulations, or as ordered by the hearing officer,
						a motion shall be made and filed at least 15 days before the date set for the
						motion to be heard or the commencement of the hearing on the merits. Any
						response to the motion shall be filed and served no later than five days before
						the motion is scheduled to be heard or as ordered by the hearing
						officer.
(c) The hearing office
						shall set the time and place for the hearing of the motion. The hearing shall
						occur as soon as practicable.
(d)
						Except as otherwise provided by statute or these regulations, the hearing
						officer may decide a motion filed pursuant to this section without oral
						argument. Any party may request oral argument at the time of the filing of the
						motion or the response. If the hearing officer orders oral argument, the party
						requesting oral argument, or any party directed to do so by the hearing
						officer, shall serve written notice on all parties of the date, time and place
						of the oral argument. The hearing officer may direct that oral argument be made
						by telephone conference call. The hearing officer may order that the
						proceedings be recorded.
(e) The
						hearing officer shall issue a written order deciding any motion, unless the
						motion is made during the course of the hearing on the merits while on the
						record. The hearing officer may request that the prevailing party prepare a
						proposed order.
(f) A request for a
						prehearing conference or a settlement conference under sections
						60055.23 and
						60055.27 does not constitute a
						motion within the meaning of this section.
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 1 - General Provisions › Section 60055.7 - Form of Pleadings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						Except as otherwise expressly provided in this article or by the hearing
						officer, there are no specific requirements as to the form of documents filed
						in a proceeding under these rules.
(b) The original of any pleading, letter,
						document, or other writing (other than an exhibit) shall be signed by the
						filing party or its representative. The signature constitutes a representation
						by the signer that it has read the document, that to the best of its knowledge,
						information and belief, the statements made therein are true, and that it has
						not filed the document for the purpose of delay.
(c) The initial document filed by any person
						shall indicate his or her status (as a party or representative of the party)
						and shall contain his or her name, address and telephone number. Any changes in
						this information shall be communicated promptly to the hearing office and all
						parties to the proceeding. A party who fails to furnish such information and
						any changes to it shall be deemed to have waived his or her right to notice and
						service under these rules.
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 1 - General Provisions › Section 60055.8 - Limitations on Written Legal Arguments or Statements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any written legal argument or statement
						submitted to the hearing officer by a participant in an action under this part
						shall be double spaced and typed in a font size 12 point or larger. Except as
						otherwise provided by this part, further limited by the hearing officer, or
						otherwise authorized by the hearing officer for good cause shown, no written
						legal argument, exclusive of any supporting documentation, may exceed:
(1) Fifteen pages, for arguments in support
						of or opposition to motions; and
(2) Five pages, for reply
						arguments.
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 1 - General Provisions › Section 60055.9 - Records of the State Board

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Except where public disclosure of information or
						  exhibits is restricted by law, records of the state board are public records
						  and are available to the public pursuant to section
						  91000, et seq., Title 17,
						  California Code of Regulations.
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; Sections
							 6250, et seq., Government Code;
							 and Sections
							 91000, et seq., title 17,
							 California Code of Regulations.
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 1 - General Provisions › Section 60055.10 - Interpreters and Other Forms of Accommodation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In proceedings where a party, a party's
						representative, or a party's expected witness requires an interpreter for any
						language, including sign language, that party shall be responsible for
						notifying the hearing office as soon as the requirement is known, but no later
						than ten days prior to the first day of hearing. The hearing officer may allow
						later notification for good cause. The hearing office shall be responsible for
						securing the interpreter, and for providing reasonable accommodation.
(b) The cost of interpreter services shall be
						paid by the state board if the hearing officer so directs. In determining who
						should pay the cost of the interpreter, the hearing officer shall base the
						decision on equitable considerations, including the ability of the party in
						need of the interpreter to pay the cost.
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; Sections
							 11435.25,
							 11435.30
							 and
							 11435.55,
							 Government Code; and Section
							 751,
							 Evidence 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 2 - Hearing Officers › Section 60055.11 - Authority of Hearing Officers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In any matter subject to hearing pursuant to these
						  rules, the hearing officer shall have the authority to do any act and take all
						  measures necessary for the maintenance of order and for the efficient, fair and
						  impartial adjudication of issues arising in proceedings governed by these
						  rules, including, but not limited to, authority to hold prehearing conferences;
						  conduct hearings to determine all issues of fact and law presented; to rule
						  upon motions, requests and offers of proof, dispose of procedural requests, and
						  issue all necessary orders; administer oaths and affirmations and take
						  affidavits or declarations; to issue subpoenas and subpoenas duces tecum for
						  the attendance of a person and production of testimony, books, documents, or
						  other things; to compel the attendance of a person residing anywhere in the
						  state; to rule on objections, privileges, defenses, and the receipt of relevant
						  and material evidence; to call and examine a party or witness and introduce
						  into the hearing record documentary or other evidence; to request a party at
						  any time to state the respective position or supporting theory concerning any
						  fact or issues in the proceeding; to certify official acts; to extend the
						  submittal date of any proceeding; to hear and determine all issues of fact and
						  law presented and to issue such interlocutory and final orders, findings, and
						  decisions as may be necessary for the full adjudication of the
						  matter.
1. New
						  subarticle 2 (sections
						  60055.11-60055.12) 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
							 11181-
							 11182 and
							 11425.30,
							 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 2 - Hearing Officers › Section 60055.12 - Disqualification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The hearing
						officer or a member of the state board shall disqualify himself or herself and
						withdraw from any case in which he or she cannot accord a fair and impartial
						hearing.
(b) A hearing officer may
						not hear any case in which he or she has previously served as an investigator,
						prosecutor, or advocate.
(c) Any
						party may request the disqualification of a hearing officer or member of the
						state board by filing an affidavit or declaration under penalty of perjury. A
						request for the disqualification of a hearing officer must be made no later
						than five days prior to the commencement of a prehearing conference or first
						day of hearing on the merits, whichever is earlier. A request for the
						disqualification of a member of the state board must be made no later than five
						days prior to the state board's consideration of the recommended decision. The
						affidavit or declaration must state with particularity the grounds upon which
						it is claimed that a fair and impartial hearing cannot be accorded. Where the
						request for disqualification concerns a member of the state board, the issue
						shall be determined by the other members of the board. Where the request
						concerns the hearing officer, the issue shall be determined by the hearing
						officer.
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 Sections
							 11425.40
							 and
							 11512,
							 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 3 - Ex Parte Communications › Section 60055.14 - Disclosure of Communication

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If, while the proceeding is pending, but
						before serving as hearing officer, the hearing officer receives a communication
						of a type that would be in violation of this subarticle if received while
						serving as hearing officer, he or she shall, promptly after starting to serve,
						disclose the content of the communication on the record and give all parties an
						opportunity to address it as provided below.
(b) If a hearing officer receives a
						communication in violation of this article, the hearing officer shall make all
						of the following a part of the record in the proceeding:
(1) If the communication is written, the
						writing and any written response of the hearing officer to the communication;
						and
(2) If the communication is
						oral, a memorandum stating the substance of the communication, any response
						made by the hearing officer, and the identity of each person from whom the
						hearing officer received the communication.
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 3 - Ex Parte Communications › Section 60055.15 - Applicability to the State Board

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The provision of Subarticle 3 governing ex parte
						  communications to the hearing officer also governs ex parte communications with
						  members of the state board on matters that may come before them pursuant to
						  Subarticles 4 and 9. Nothing in this provision shall be construed to prohibit
						  ex parte communications, after a proposed decision has been forwarded to the
						  state board, between members of the state board and the hearing officer who
						  prepared the decision, a hearing officer from the State Office of
						  Administrative Hearings (OAH) not previously involved in the case, or outside
						  legal counsel to the state board. Nor shall anything in this provision be
						  construed to prohibit communications between members of the state board and
						  staff of the state board (including staff counsel), provided reasonable notice
						  and opportunity to participate in such communications either in person or by
						  telephone has been provided to all parties. For purposes of this section,
						  reasonable notice shall be deemed as 24-hours or greater advance
						  notice.
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 Sections
							 11430.70-11430.80 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 4 - Filing and Initial Review of Petitions for Review and Executive Officer's Response › Section 60055.16 - Filing of Petitions for Review Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within 30 days after receipt of a
						decision by the executive officer described in section
						60055.1, a person directly
						affected by the decision may file a petition requesting a hearing to review the
						decision. The hearing officer may extend the time for filing for good
						cause.
(b) A petition shall be
						filed with the clerk of the board, at the offices of the state board in
						Sacramento and a copy served on the executive officer. The petition shall
						include the following information:
(1) The
						name and address of the petitioner;
(2) A copy of the executive officer decision
						for which review is requested;
(3)
						The date the decision was received by the petitioner;
(4) A statement of the objections to the
						decision upon which review is requested; a verified statement of the facts,
						data and other relevant evidence in support of the objections; a demand for the
						specific relief the petitioner seeks; a short, concise statement of legal
						argument, with citation to authorities, in support of the objections and the
						relief requested. The verification may be made on information and
						belief.
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 4 - Filing and Initial Review of Petitions for Review and Executive Officer's Response › Section 60055.17 - Appointment of a Hearing Officer; Initial Review of Petition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Initial
						Assignment:
(1) Upon receipt of a petition,
						the state board shall refer the matter to the administrative hearing office of
						the state board for assignment of a hearing officer. The hearing office shall
						assign an administrative law judge from the hearing office to hear the matter,
						unless staffing and other resources of the hearing office would prevent timely
						consideration of the matter. If the resources of the administrative hearing
						office prevent assignment, the administrative hearing office shall refer the
						matter to the State Office of Administrative Hearings (OAH) for assignment. For
						the two years immediately following the effective date of these hearing
						procedures, it shall be presumed that petitions requesting review of executive
						officer decisions ordering the recall of motor vehicles or motor vehicle
						engines or the suspension, revocation, or denial of executive orders certifying
						motor vehicles or motor vehicle engines are too resource intensive, given the
						present staffing of the administrative hearing office of the state board. For
						the two-year period identified above, such matters shall be immediately
						referred to the OAH for assignment.
(2) In addition to the above, a party may
						petition the state board to request that hearings be referred to OAH. The state
						board shall grant the request upon the petitioner providing substantial
						evidence that it could not receive a full and fair hearing from any hearing
						officer employed by the administrative hearing office of the state
						board.
(3) In all cases referred to
						OAH, under paragraph (2) above, the petitioner shall bear one-half of the fees
						charged by OAH for the services of the OAH hearing officer.
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 4 - Filing and Initial Review of Petitions for Review and Executive Officer's Response › Section 60055.18 - Stays Pending Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) On
						timely receipt of a petition requesting a hearing to review a decision of the
						executive officer to recall motor vehicles or motor vehicle engines, the
						hearing officer shall issue a stay of the executive officer action until a
						decision of the state board has been issued pursuant to section
						60055.44.
(b) The hearing officer shall not issue a
						stay pending review of an executive officer decision denying certification of
						an motor vehicle engine family pursuant to Chapter 2, Part 5, Division 26 of
						the Health and Safety Code.
(c) For
						other decisions of the executive officer for which petitions for review have
						been filed and hearings granted, the hearing officer shall issue a stay pending
						issuance of the state board's decision under section
						60055.38, unless the hearing
						officer finds that the adverse effects of a stay on the public health, safety
						and welfare outweigh the harm to those persons directly affected by the lack of
						a stay. The hearing officer may conduct a hearing or request such submissions
						by the parties as necessary to obtain information to make a determination on
						this issue.
(d) If a stay is
						granted under subparagraphs (a) and (c) above, and the petition is subsequently
						denied by the Board, the Board may order the petitioner to take whatever
						remedial action is necessary, including implementing a recall of those vehicles
						and engines that would not otherwise have been sold in or delivered to
						California but for the stay, to achieve emissions reductions equal to the
						amount of emissions that occurred because of implementation of the
						stay.
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 4 - Filing and Initial Review of Petitions for Review and Executive Officer's Response › Section 60055.19 - Executive Officer Response to Petition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Within ten days after issuance of the hearing officer
						  determination that a hearing is required or ten days after a petition has been
						  amended, the executive officer shall file with the hearing officer and serve
						  upon the petitioner a response to the petition. The response shall contain the
						  reasons for and the facts in support of the decision of the executive officer
						  under review. If a petition for review raises claims or issues in a manner that
						  is so vague or ambiguous that the executive officer cannot reasonably be
						  expected to respond, the executive officer may, within the time allotted for
						  responding, move that the hearing officer require a more definite statement of
						  matters covered in the petition for review. If such motion is granted, the
						  petitioner shall comply within ten days of issuance of the order of the hearing
						  officer.
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 5 - Prehearing Procedures › Section 60055.20 - Scheduling of Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						Within 30 days after receipt of the executive officer's response, the hearing
						office shall schedule the hearing on the merits of the petition. Except as
						provided in paragraph (f), below, a hearing on the merits of a petition for
						review shall, in general, be scheduled to be heard no later than 180 days from
						the date of the hearing officer's determination under section
						60055.17 that a hearing on the
						petition for review is appropriate. The hearing officer may determine, for good
						cause and in the interest of justice, that a later hearing date is
						necessary.
(b) The hearing office
						shall deliver or mail a notice of hearing to all parties at least 30 days prior
						to the hearing. The notice shall be in the form specified in section
						11509 of
						the Government Code, and shall also provide notice of the availability of
						interpreters pursuant to section
						60055.10 of these rules.
(c) The hearing officer shall grant such
						delays or continuances as may be necessary or desirable in the interest of
						fairly resolving the case.
(1) The hearing
						officer may, on his or her own motion or upon request of any party accompanied
						by a showing of good cause, continue a hearing to another time or
						place.
(2) A party shall apply to
						the hearing officer for a continuance not less than five days prior to the
						scheduled hearing.
(3) When a
						continuance is ordered during a hearing, the hearing officer shall give written
						notice of the time and place of the continued hearing.