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 4 - Administrative Hearing Procedures for Review of Citations › Subarticle 1 - General Provisions › Section 60075.5 - Form of Pleadings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						Except as provided in this section, or by order of 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 11-27-91; operative 11-27-91 pursuant to Government Code section
						  11346.2(d)
						  (Register 92, No. 8).
2. Amendment of section and NOTE 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); and Sections
							 42410,
							 43023,
							 43028,
							 43031(a)
							 and
							 44011.6,
							 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 4 - Administrative Hearing Procedures for Review of Citations › Subarticle 1 - General Provisions › Section 60075.6 - Limitations on Written Legal Arguments or Statements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any written legal argument or statement submitted to
						  the hearing officer by a participant in an action under this part shall be
						  legibly printed or 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) 12 pages, for arguments in
						support of or opposition to motions; and
(2) Three pages, for reply
						arguments.
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
						  60075.6 to section
						  60075.7 and new section
						  60075.6 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); and Sections
							 42410,
							 43023,
							 43028
							 and
							 43031(a),
							 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 4 - Administrative Hearing Procedures for Review of Citations › Subarticle 1 - General Provisions › Section 60075.7 - 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 11-27-91; operative 11-27-91 pursuant to Government Code section
						  11346.2(d)
						  (Register 92, No. 8).
2. Renumbering of former subarticle 2 to
						  subarticle 3, renumbering of former section
						  60075.7 to section
						  60075.13 and renumbering of
						  section 60075.6 to section
						  60075.7, including amendment of
						  NOTE, 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; Section
							 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 4 - Administrative Hearing Procedures for Review of Citations › Subarticle 1 - General Provisions › Section 60075.8 - 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 provisions of 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 11-27-91; operative 11-27-91 pursuant to Government Code section
						  11346.2(d)
						  (Register 92, No. 8).
2. Repealer and new section 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); and Sections
							 42410,
							 43023,
							 43028,
							 43031(a)
							 and
							 44011.6,
							 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 4 - Administrative Hearing Procedures for Review of Citations › Subarticle 1 - General Provisions › Section 60075.9 - 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, or any other form of reasonable
						accommodation that party shall be responsible for notifying the hearing office
						as soon as the requirement is known, but no later than 10 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 11-27-91; operative 11-27-91 pursuant to Government Code section
						  11346.2(d)
						  (Register 92, No. 8).
2. Repealer and new section 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;
							 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 4 - Administrative Hearing Procedures for Review of Citations › Subarticle 2 - Issuance and Service of Citations › Section 60075.11 - Determination of Class I Violations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A Class I violation includes: those
						violations that the state board has determined, based upon its enforcement
						discretion, to be of a nature that is clear cut, and less complex and serious,
						in terms of size, scope, and harm to the public and environment. Class I
						violations may cover:
(1) All violations
						arising pursuant to Health and Safety Code sections
						44011.6
						et seq.
(2) Violations arising
						under Part 5, chapters 1 to 4 and chapter 6 of division 26 of the Health and
						Safety Code, or violations of any rule, regulation, permit, variance, or orders
						of the state board adopted or issued by the state board pursuant to the
						authority granted by those provisions of the Health and Safety Code.
(3) Violations of regulations adopted and
						orders issued by the state board pursuant to authority granted under Parts 1
						through 4 of division 26 of the 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 4 - Administrative Hearing Procedures for Review of Citations › Subarticle 2 - Issuance and Service of Citations › Section 60075.12 - Issuance and Service of Citations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The citing party may issue a citation to
						any person for Class I violations as defined in section
						60075.11.
(b) A "Citation" shall include the following
						information:
(1) The names of the alleged
						citees;
(2) The code section, rule
						or regulation that has allegedly been violated;
(3) A concise, but reasonably specific
						statement of the facts that support issuance of each alleged
						violation;
(4) A proposed penalty
						for the alleged violations that is to be assessed against the citee as
						authorized by applicable law;
(5)
						Reference to these procedures, notice that the procedures are available from
						the ARB hearing office (the address and phone number of which shall be set
						forth), and notice that Chapter 5 (commencing with section
						11500) of the Government Code is
						not applicable to these proceedings;
(6) Written notice to citee that he or she:
(A) May respond to the allegations of the
						citation and request a hearing. It shall also inform the citee of the
						consequences of failing to respond by the applicable deadline;
(B) Has the right to represent him or herself
						or to retain a representative, who is not required to be an attorney, at one's
						own expense; and
(C) If necessary,
						has the right to an interpreter.
(7) The address of the office issuing the
						citation; the address to which payment of the proposed penalty may be sent; and
						the address where a request for a hearing may be filed if a citee so
						elects.
(8) A citation shall be
						served on the named citee by either personal or other form of service
						consistent with Code of Civil Procedure sections
						415
						through
						417
						or by certified mail, restricted delivery.
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 4 - Ex Parte Communication › Section 60075.15 - 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 4 - Administrative Hearing Procedures for Review of Citations › Subarticle 4 - Ex Parte Communication › Section 60075.16 - Applicability to Executive Officer

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The provision of Subarticle 4 governing
						ex parte communications to the hearing officer also governs ex parte
						communications with the executive officer on matters that may come before him
						or her pursuant to Subarticle 11. Irrespective of the prohibitions of section
						60075.13(a), the
						executive officer may consult with state board personnel who are not involved
						as an investigator, prosecutor, or advocate in the proceedings or
						preadjudicative proceedings of the matter before the executive officer, or in a
						factually related case, and whose job duties include assisting the executive
						officer in his or her adjudicative responsibilities.
(b) Except as otherwise provided in these
						procedures, while a proceeding is pending, the hearing officer shall have no
						communication, direct or indirect, with the executive officer on a matter that
						is under consideration.
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
						  60075.16 to section
						  60075.23 and new section
						  60075.16 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
							 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 4 - Administrative Hearing Procedures for Review of Citations › Subarticle 5 - Initiating Proceeding to Contest a Citation › Section 60075.17 - Filing a Request for Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon receiving a citation, the citee may:
(1) Initiate proceedings under these rules by
						filing a written request for hearing to contest a citation issued by the state
						board; or
(2) Pay the penalty
						demanded in the citation.
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 5 - Initiating Proceeding to Contest a Citation › Section 60075.18 - Form of Request for Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The request for hearing shall be signed
						by the citee or its designated representative and contain at least the
						following information: a reference to the citation being contested, including
						citation number and date of issuance; date of citee's receipt of the citation
						by personal delivery or certified mail; correct business address; a statement
						of the circumstances or arguments which are the basis of the request for
						hearing; identification of the facts the citee intends to place at issue; if
						applicable, the name and address of the designated representative; and
						identification of any other issues relating to the citation to be resolved in
						the proceeding.
(b) A separate
						request for hearing shall be filed for each citation contested.
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 and amendment of former
						  subarticle 5 to subarticle 7, repealer of former section
						  60075.18 and renumbering and
						  amendment of former section
						  60075.11 to section
						  60075.18 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); and Sections
							 42410,
							 43023,
							 43028,
							 43031(a)
							 and
							 44011.6,
							 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 4 - Administrative Hearing Procedures for Review of Citations › Subarticle 5 - Initiating Proceeding to Contest a Citation › Section 60075.19 - Issues for Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
						issues for hearing shall be limited to those raised by the citation and the
						docketed request for hearing.
(b)
						If a citation is classified as a repeat violation, the validity of the earlier
						citation established by failure to request a hearing or the entry of a final
						disposition by the state board shall not be in issue. However, if the citation
						imposes a penalty pursuant to section
						2185(a)(3), the
						staff of the state board shall be required to demonstrate the existence of the
						prior citation or citations.
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
						  60075.19 to new section
						  60076.26(c)-(c)(2)
						  and renumbering and amendment of former section
						  60075.12 to section
						  60075.19 filed 9-1-99; operative
						  10-1-99 (Register 99, No. 36).
3. Amendment of subsection (b) and
						  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); and Sections
							 42410,
							 43023,
							 43028,
							 43031(a)
							 and
							 44011.6,
							 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 4 - Administrative Hearing Procedures for Review of Citations › Subarticle 5 - Initiating Proceeding to Contest a Citation › Section 60075.20 - Stays Pending Filing a Request for Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The requirements to immediately correct
						deficiencies specified in a citation issued under section
						44011.6(b)
						of the Health and Safety Code and to pay a civil penalty within 45 days of
						receipt of a citation (title 13, California Code of Regulations, section
						2185) shall be stayed on timely
						receipt of a request for hearing until a final decision or order has been
						issued pursuant to section
						60075.44 of these rules.
(b) For all other citations of noncompliance,
						if a cease and desist order has been issued, the hearing officer shall issue a
						stay pending issuance of a final decision, 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.
1. New
						  section filed 11-27-91; operative 11-27-91 pursuant to Government Code section
						  11346.2(d)
						  (Register 92, No. 8).
2. Repealer of former section
						  60075.20 and renumbering and
						  amendment of former section
						  60075.13 to section
						  60075.20 filed 9-1-99; operative
						  10-1-99 (Register 99, No. 36).
3. Amendment of section heading,
						  subsection (a) and 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); and Sections
							 42410,
							 43023,
							 43028,
							 43031(a)
							 and
							 44011.6,
							 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 4 - Administrative Hearing Procedures for Review of Citations › Subarticle 5 - Initiating Proceeding to Contest a Citation › Section 60075.21 - Response by Citing Party

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Within 20 days from the date that the executive officer
						  deems a request for hearing to be filed under section
						  60075.17(h) and
						  assigns the case to the appropriate hearing office, the citing party may file a
						  response to the issues raised by citee in its request for hearing. The citing
						  party shall file the response with the hearing office assigned to hear the case
						  and shall serve a copy of the response on the citee or its
						  representative.
1. New
						  section filed 11-27-91; operative 11-27-91 pursuant to Government Code section
						  11346.2(d)
						  (Register 92, No. 8).
2. Repealer of former section
						  60075.21 and renumbering and
						  amendment of former section
						  60075.14 to section
						  60075.21 filed 9-1-99; operative
						  10-1-99 (Register 99, No. 36).
3. Amendment of section heading,
						  section and 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); and Sections
							 42410,
							 43023,
							 43028,
							 43031(a)
							 and
							 44011.6,
							 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 4 - Administrative Hearing Procedures for Review of Citations › Subarticle 6 - Resolution of Proceeding Without Hearing › Section 60075.22 - Withdrawal of Request for Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The request for hearing may be withdrawn
						by the citee by written request at any time before a decision is issued or by
						oral motion on the hearing record. The hearing officer shall grant such
						withdrawal by order or decision served on the parties.
(b) If at the time that the withdrawal
						request is granted, the time period for filing a request for hearing has
						passed, the citation shall be deemed a final order not subject to review by the
						state board or any court.
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 subarticle 4 to
						  subarticle 6, repealer of former section
						  60075.22 and renumbering and
						  amendment of former section
						  60075.15 to section
						  60075.22 filed 9-1-99; operative
						  10-1-99 (Register 99, No. 36).
3. Amendment of subsection (b) and
						  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); and Sections
							 42410,
							 43023,
							 43028,
							 43031(a)
							 and
							 44011.6,
							 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 4 - Administrative Hearing Procedures for Review of Citations › Subarticle 6 - Resolution of Proceeding Without Hearing › Section 60075.23 - Withdrawal of Citation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) At
						anytime before the hearing officer issues a decision on the merits of the
						citation, the citing party may withdraw the citation by written notice at any
						time or by oral motion on the hearing record.
(b) If a notice of withdrawal is issued prior
						to the hearing, the citing party shall serve a copy of the notice of withdrawal
						on each party and on any authorized representatives.
(c) The notice of withdrawal or motion to
						withdraw a citation shall be accepted by the hearing officer and is a final
						order. A citation that has been withdrawn may not be reinstituted.
1. New
						  section filed 11-27-91; operative 11-27-91 pursuant to Government Code section
						  11346.2(d)
						  (Register 92, No. 8).
2. Repealer of former section
						  60075.23 and renumbering and
						  amendment of former section
						  60075.16 to section
						  60075.23 filed 9-1-99; operative
						  10-1-99 (Register 99, No. 36).
3. Amendment of section and 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); and Sections
							 42410,
							 43023,
							 43028,
							 43031(a)
							 and
							 44011.6,
							 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 4 - Administrative Hearing Procedures for Review of Citations › Subarticle 6 - Resolution of Proceeding Without Hearing › Section 60075.24 - Settlement Agreements and Consent Orders

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) At any time before a final decision of
						the hearing officer, the citing party and the citee may settle an action, 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.
						For cases assigned to OAH, OAH may assign hearing officers from the state board
						to assist in settlement discussions.
(c) The parties shall memorialize any
						agreement in writing.
(d) The
						hearing officer assigned to hear the merits of the case, shall thereafter enter
						a consent order in accordance with the terms of the settlement agreement. Such
						consent order is not subject to further review by the agency or a
						court.
(e) If the filing of the
						consent order pursuant to paragraph (d) of this section or the settlement in
						the petition for review proceeding 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 11-27-91; operative 11-27-91 pursuant to Government Code section
						  11346.2(d)
						  (Register 92, No. 8).
2. Repealer and new section
						  60075.24 filed 9-1-99; operative
						  10-1-99 (Register 99, No. 36).
3. Amendment of subsections (a) and
						  (b) and 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 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 4 - Administrative Hearing Procedures for Review of Citations › Subarticle 7 - Discovery, and Subpoenas and Subpoenas Duces Tecum › Section 60075.26 - Discovery

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Exclusivity of
						Discovery Provisions.
The provisions of this section provide the exclusive
						  right to, and method of, discovery as to any proceeding governed by this
						  chapter.
(b) Document
						Exchange.
(1) After initiation of a
						proceeding, a party, upon written request made to another party is entitled,
						prior to the hearing, to inspect and make a copy of any document, thing,
						statement or other writing relevant to the issues for hearing which is in the
						control of the other party and which is relevant and would be admissible in
						evidence, including, but not limited to, any statements of parties or witnesses
						relating to the subject matter of the proceeding, all writings or things which
						the party then proposes to offer in evidence, and any inspection or
						investigative reports prepared by or on behalf of any party.
(3) The parties shall exchange the requested
						information at a time mutually agreed to by the parties, or if no agreement has
						been reached, no later than 30 days after a request has been made. Documents
						shall be served upon the requesting party pursuant to section
						60075.4(b).
(4) Unless other arrangements are made, the
						party making the request shall pay the reasonable costs of copying the
						requested materials.
(5) A party
						claiming that certain writings or things are privileged against disclosure
						shall serve on the requesting party a written statement setting forth what
						matters are claimed to be privileged and the reasons
						therefore.
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 8 - Contempt and Sanction Orders › Section 60075.29 - Contempt

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) 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 sections
						11455.20,
						and
						11186
						through
						11188.
(b) Notwithstanding the above, the hearing
						officer may order a party, a party's representative or both, to pay reasonable
						expenses, including authorized representation 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 4 - Administrative Hearing Procedures for Review of Citations › Subarticle 9 - Hearings › Section 60075.30 - Time and Place of Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within 30 days of the executive officer
						deeming the request for hearing complete and assigning the case to the
						appropriate hearing office, the hearing office shall schedule the hearing date.
						A matter shall be scheduled to be heard as soon as practicable, but no later
						than 90 days after assignment of the case to the hearing office.
(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.
(c) The
						hearing officer may, on his or her own motion or upon request of any party
						accompanied by a showing of good cause, grant such delays or continue a hearing
						to another time or place as may be necessary or desirable in the interest of
						fairly resolving the case.
(1) A party shall
						apply to the hearing officer for a continuance not less than 5 days prior to
						the scheduled hearing.
(2) When a
						continuance is ordered during a hearing, the hearing officer shall give written
						notice of the time and place of the continued hearing.
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 9 - Hearings › Section 60075.31 - Consolidation and Separation of Cases

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The hearing officer may consolidate for
						hearing and decision any number of proceedings involving the same
						citee.
(b) Upon motion of a party
						or upon his or her own motion, the hearing officer may consolidate for hearing
						and decision 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 parties engaged in otherwise separate
						proceedings.
(c) Upon the motion of
						a party or upon the hearing officer's own motion, the hearing officer may, in
						furtherance of convenience or to avoid prejudice or when separate hearings will
						be conducive to expedition and economy, order a separate hearing of any issue,
						including an issue raised in the notice of defense, or of any number of
						issues.
1. New
						  section filed 11-27-91; operative 11-27-91 pursuant to Government Code section
						  11346.2(d)
						  (Register 92, No. 8).
2. Repealer of former section
						  60075.31 and renumbering and
						  amendment of former section
						  60075.27 to section
						  60075.31 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); and Sections
							 42410,
							 43023,
							 43028,
							 43031(a)
							 and
							 44011.6,
							 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 4 - Administrative Hearing Procedures for Review of Citations › Subarticle 9 - Hearings › Section 60075.32 - Failure to Appear

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) 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, issue a default
						order in accordance with section
						60075.38 of these rules.
1. New
						  section filed 11-27-91; operative 11-27-91 pursuant to Government Code section
						  11346.2(d)
						  (Register 92, No. 8).
2. Repealer of former section
						  60075.32 and renumbering and
						  amendment of former section
						  60075.28 to section
						  60075.32 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); and Sections
							 42410,
							 43023,
							 43028,
							 43031(a)
							 and
							 44011.6,
							 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 4 - Administrative Hearing Procedures for Review of Citations › Subarticle 9 - Hearings › Section 60075.33 - 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 and shall be conducted in
						the English language.
(b) The
						hearing officer shall conduct a fair and impartial hearing in which each party
						has a reasonable opportunity to be heard and to present evidence.
(c) Each party to the proceeding shall have
						these rights: To call and examine witnesses; to introduce exhibits; to question
						opposing witnesses on any matter relevant to the issues even though that matter
						was not covered in the direct examinations; to impeach any witness regardless
						of which party first called the witness to testify; and to rebut the opposing
						evidence against him. If a party does not testify on his or her behalf, the
						party may be called and examined as if under cross-examination.
(d) The citing party shall present the
						citation and the evidence supporting its issuance, and any other material that
						is pertinent to the issue to be determined by the hearing officer. The citee
						has the right to examine, respond to, or rebut the citation and any proffered
						evidence and material. The citee may offer any documents, testimony, or other
						exculpatory evidence which bears on appropriate issues, or may be relevant to
						the penalty amount.
(e) At the
						close of citee's presentation of evidence, the parties respectively have the
						right to introduce rebuttal evidence that is necessary to resolve disputed
						issues of material fact, subject to any limits imposed by the hearing officer
						pursuant to subparagraph (f)(1) below.
(f) The taking of evidence in a hearing shall
						be controlled by the hearing officer in the manner best suited to ascertain the
						facts and safeguard the rights of the parties. Prior to taking evidence, the
						hearing officer shall define the issues and the order in which evidence will be
						received.
(g) The hearing officer
						may:
(1) Limit the number of witnesses and the
						scope and extent of any direct examination, cross-examination, or rebuttal
						testimony, as necessary, to protect the interests of justice and conduct a
						reasonably expeditious hearing;
(2)
						Require the authentication of any written exhibit or statement; and
(3) Call and examine a party or witness and
						may, on his or her own motion, admit any relevant and material
						evidence.
(4) Exclude persons whose
						conduct impedes the orderly conduct of the hearing;
(5) Restrict attendance because of the
						physical limitations of the hearing facility; or
(6) Take other action to promote due process
						or the orderly conduct of the hearing.
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 9 - Hearings › Section 60075.36 - Exclusion of Witnesses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						Upon motion of a party, the hearing officer may exclude from the hearing room
						any witnesses, other than the parties themselves or their representatives, not
						at the time under examination.
1. New
						  section filed 11-27-91; operative 11-27-91 pursuant to Government Code section
						  11346.2(d)
						  (Register 92, No. 8).
2. Repealer of former section
						  60075.36 and renumbering and
						  amendment of former section
						  60075.34 to section
						  60075.36 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); and Sections
							 42410,
							 43023,
							 43028,
							 43031(a)
							 and
							 44011.6,
							 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 4 - Administrative Hearing Procedures for Review of Citations › Subarticle 9 - Hearings › Section 60075.37 - 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 oral argument.
(b) Motions to submit written 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. If granted, a party shall file written argument within 15 working
						days from the date of the hearing. Opposing parties may file an answer 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 11-27-91; operative 11-27-91 pursuant to Government Code section
						  11346.2(d)
						  (Register 92, No. 8).
2. Renumbering of former subarticle 7 to
						  subarticle 10, renumbering of former section
						  60075.37 to section
						  60075.38 and renumbering and
						  amendment of former section
						  60075.35 to section
						  60075.37 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); and Sections
							 42410,
							 43023,
							 43028,
							 43031(a)
							 and
							 44011.6,
							 Health and Safety Code.