California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 1.25 - Administrative Procedures-Hearings › Article 3 - Administrative Hearing Procedures for Review of Complaints › Subarticle 1 - General Provisions › Section 60065.2 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The definitions
						applicable to these rules include those set out in the Health and Safety Code
						(commencing with section
						39010).
(b) The following definitions also apply:
(1) "Administrative record" means all
						documents and records timely filed with the hearing office, pursuant to section
						60065.4 and the time deadlines of
						these rules, including pleadings, petitions, motions, and legal arguments in
						support thereof; all documents or records admitted into evidence or
						administratively noticed by the hearing officer; all official recordings or
						written transcripts of hearings conducted; and all orders or decisions issued
						by the hearing officer or executive officer regarding the complaint at issue;
						administrative record does not include any prohibited communications as defined
						in section
						60065.13, and any settlement
						discussions or offers of settlement pursuant to section
						60065.25.
(2) "Complainant" means the state board,
						acting through any of its employees that have been authorized to investigate,
						issue, and prosecute a complaint under this article.
(3) "Complaint" means a document, other than
						a citation issued for a Class I violation pursuant to title 17, California Code
						of Regulations, section
						60075.1 et. seq., issued by the
						complainant that seeks administrative civil penalties as an alternative to
						judicial civil penalties.
(4)
						"Consent Order" means an order entered by the hearing officer in accordance
						with the settlement agreement of the parties.
(5) "Days" means calendar days.
(6) "Default" means the failure of any party
						to take the steps necessary and required by these regulations to further the
						hearing towards resolution, resulting in a finding by the hearing officer of
						forfeiture of the cause of action against that party.
(7) "Discovery" refers to the process set
						forth in section
						60065.26 allowing one party to
						request and obtain information relevant to the complaint proceedings. The scope
						of discovery is limited by the express terms of that section.
(8) "Ex Parte Communication" means an oral or
						written communication not on the public record for which reasonable prior
						notice to all parties should have been given.
(9) "Hearing Office" refers to the
						administrative hearings office established by the state board to conduct
						administrative hearings to implement the provisions of these rules or to the
						Office of Administrative Hearings established pursuant to Government Code
						section
						11370.2.
						The administrative hearing office of the state board shall include at least one
						administrative law judge who shall act as a hearing officer.
(10) "Hearing Officer" is either an
						administrative law judge appointed by the state board to conduct hearings under
						these procedures pursuant to Health and Safety Code section
						43028,
						or an administrative law judge within the Department of General Services, State
						Office of Administrative Hearings (OAH) who shall be appointed to conduct
						hearings pursuant to Health and Safety Code sections
						42410
						and
						43023.
						Only appointed administrative law judges shall act as hearing
						officers.
(11) "Intervenor" means a
						person who is allowed to voluntarily enter into the proceedings with leave of
						the hearing officer.
(12) "Party"
						includes the complainant, respondent, and an intervenor to the extent permitted
						by the hearing officer pursuant to section
						60065.22.
(13) "Proceeding" means any hearing,
						determination or other activity before the hearing officer involving the
						parties to a complaint.
(14)
						"Respondent" means any person against whom a complaint has been filed under
						this article.
(15)
						"Response/Request for Hearing" means a document, responsive to the complaint
						and signed by the respondent, in which respondent requests a hearing before an
						administrative law judge and admits or denies the allegations of the complaint
						or asserts affirmative defenses to the action.
(16) "Settlement Agreement" means a written
						agreement executed by the complainant, respondent, and, to the extent permitted
						by the hearing officer pursuant to section
						60065.22(b)(4),
						an intervenor, that respectively settles the allegations of violation set forth
						in the complaint. Settlement agreements of a complaint should include:
(A) Stipulations by the parties establishing
						subject matter jurisdiction;
(B) An
						admission by respondent that it has committed the violations as alleged in the
						complaint or a statement by respondent that it neither admits nor denies such
						violation(s); and
(C) The terms and
						conditions of the settlement.