California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 1.5 - Rules of Practice and Procedure › Article 2 - Adjudicative Proceedings › Section 648.4 - Identification of Witnesses; Presubmission and Presentation of Testimony and Exhibits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) It
				  is the policy of the State and Regional Boards to discourage the introduction
				  of surprise testimony and exhibits.
(b) The hearing notice may require that all
				  parties intending to present evidence at a hearing shall submit the following
				  information to the Board prior to the hearing: the name of each witness whom
				  the party intends to call at the hearing, the subject of each witness' proposed
				  testimony, the estimated time required by the witness to present direct
				  testimony, and the qualifications of each expert witness. The required
				  information shall be submitted in accordance with the procedure specified in
				  the hearing notice.
(c) The hearing
				  notice may require that direct testimony be submitted in writing prior to the
				  hearing. Copies of written testimony and exhibits shall be submitted to the
				  Board and to other parties designated by the Board in accordance with
				  provisions of the hearing notice or other written instructions provided by the
				  Board. The hearing notice may require multiple copies of written testimony and
				  other exhibits for use by the Board and Board staff. Copies of general vicinity
				  maps or large, nontechnical photographs generally will not be required to be
				  submitted prior to the hearing.
(d)
				  Any witness providing written testimony shall appear at the hearing and affirm
				  that the written testimony is true and correct. Written testimony shall not be
				  read into the record unless allowed by the presiding officer.
(e) Where any of the provisions of this
				  section have not been complied with, the presiding officer may refuse to admit
				  the proposed testimony or the proposed exhibit into evidence, and shall refuse
				  to do so where there is a showing of prejudice to any party or the Board. This
				  rule may be modified where a party demonstrates that compliance would create
				  severe hardship.
(f) Rebuttal
				  testimony generally will not be required to be submitted in writing, nor will
				  rebuttal testimony and exhibits be required to be submitted prior to the start
				  of the hearing.
1. Repealer
					 and new section filed 3-26-98 as an interim regulation pursuant to Government
					 Code section
					 11400.20;
					 operative 3-26-98 (Register 98, No. 13). Interim regulations expire 12-31-98
					 unless earlier amended or repealed.
2. Pursuant to Government Code
					 section
					 11400.20(b)(2),
					 interim regulations extended to 3-31-99 by filing of permanent regulations with
					 OAL on 11-25-98. Adoption of permanent regulations disapproved by OAL 1-12-99;
					 resubmitted by the State Water Resources Control Board on 3-10-99; and filed
					 with the Secretary of State on 3-31-99, effective upon filing (Register 99, No.
					 14).
Note: Authority cited: Sections
						185 and
						1058, Water
						Code. Reference: Sections
						183,
						13263 and
						13378, Water
						Code.