California Code of Regulations › Title 23 - Waters › Division 1 - Central Valley Flood Protection Board › Chapter 1 - Organization, Powers and Standards › Article 4 - Enforcement Actions › Section 25 - Enforcement Order Hearing Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Enforcement Order hearings shall be conducted pursuant to
					 the evidentiary hearing procedures described in Sections
					 13(c)-(f) and
					 (i),
					 13.1, and
					 13.2 of these regulations with the
					 following changes:
(a) The "applicant"
				  shall be referred to as the "respondent".
(b) The "application" shall be referred to as
				  the "enforcement action".
(c)
				  Except as provided in subsection (d), original notice of the hearing shall be
				  served on the respondent by certified mail or hand delivery at least thirty
				  (30) calendar days prior to the hearing.
(d) In certain situations, the Executive
				  Officer may determine that the public interest necessitates a shorter notice
				  period such as, but not limited to, situations where the thirty-day notice
				  would endanger public health and welfare. In these situations, less notice may
				  be provided, but in all cases the original notice of an enforcement hearing
				  must be provided a minimum of ten (10) calendar days prior to the
				  hearing.
(e) The notice shall
				  contain the information required by Section
				  13(f), describe
				  the violation, identify any statute(s) or regulation(s) the respondent is
				  alleged to have violated; and include a proposed enforcement order, which shall
				  set forth the amount of proposed administrative penalties.
(f) Any staff report the board intends to
				  consider at the enforcement order hearing shall be provided to the respondent
				  with the notice of the hearing.
(g)
				  The respondent may submit a written statement of defense to the Executive
				  Officer at least fifteen (15) calendar days prior to the hearing. If
				  abbreviated notice is provided pursuant to subsection (d) the respondent may
				  submit a written statement to the Executive Officer at least three (3) days
				  prior to the hearing.
(h) If the
				  board President appoints a hearing officer, the hearing officer shall be a
				  board member. A hearing may also be held by a committee of the board appointed
				  by the board President. Hearings held by a hearing officer or a committee of
				  the board shall follow the hearing officer procedures in Section
				  13.2.
(i) If the hearing is held before a hearing
				  officer or committee of the board, the hearing officer or committee shall
				  prepare the proposed findings and decision required by Section
				  13.2(c) within
				  thirty (30) calendar days of the conclusion of the hearing. The respondent
				  shall be provided with a copy of the proposed findings and decision at least
				  ten (10) calendar days prior to the board's consideration of the proposed
				  decision.
(j) The written
				  conclusions required by Section
				  13.1(h) need not
				  include a discussion of the elements identified in Water Code Section
				  8610.5(c)(1)-(4).
(k) Cross-examination shall not be allowed
				  unless deemed appropriate by the board, appointed hearing officer, or committee
				  of the board.
(l) Where the board
				  has acted as the hearing body, the board may do any of the following to comply
				  with the requirement in Section
				  13.1(h) that the
				  board adopt written findings of its decision;
(1) Immediately adopt all or part of the
				  staff report or enforcement order;
(2) Amend the staff report or enforcement
				  order, as it deems appropriate for immediate adoption; or
(3) Direct a board member, along with board
				  legal counsel and independent support staff, to draft proposed findings and a
				  decision for adoption by the board at a subsequent meeting pursuant to Section
				  13.1(i). The
				  respondent shall be provided with a copy of the proposed revised enforcement
				  order at least ten (10) calendar days prior to the board's consideration of the
				  proposed findings and decision. The board's consideration of a proposed
				  enforcement order at a subsequent meeting does not re-open the hearing and no
				  new evidence will be permitted unless allowed by the board President. However,
				  all parties shall be given an opportunity to present argument related to the
				  proposed order.