California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 13 - Enforcement Procedures › Subchapter 2 - Procedures for the Issuance of Cease and Desist Orders, Permit Revocation Orders, and Orders Setting Administrative Civil Liability › Article 2 - Commission Cease and Desist Orders, Permit Revocation Orders, and Orders Setting Administrative Civil Liability › Section 11327 - Enforcement Hearing Procedure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Enforcement hearings shall proceed in the following
						manner:
(a) the Chair or enforcement
					 committee chair shall announce the matter, ask all respondents or their
					 attorneys present to identify themselves for the record, and announce any
					 imposition of time limits for presentations to be made by the staff, the
					 respondent(s), and the public at the hearing;
(b) the Chair or enforcement committee chair
					 may impose time limits based on the circumstances of the alleged violation(s),
					 the number of other items contained on the meeting agenda, the number of
					 persons who intend to speak, and such other factors as the Chair believes
					 relevant;
(c) the staff shall
					 summarize the violation report and/or complaint for administrative civil
					 liability and recommended enforcement decision with particular attention to
					 limiting its presentation to issues of controversy;
(d) each respondent shall summarize its
					 position(s) on the matter(s) relevant to the alleged violation or proposed
					 order with particular attention to those issue(s) where an actual controversy
					 exists between the staff and the respondent party or parties;
(e) members of the public may speak
					 concerning the matter;
(f)
					 presentations made by the staff, a respondent, and the public shall be limited
					 to responding to (1) evidence already made part of the enforcement record and
					 (2) the policy implications of such evidence; the enforcement committee or the
					 Commission shall not allow oral testimony unless the committee or Commission
					 believes that such testimony is essential to resolve any factual issues that
					 remain unresolved after reviewing the existing written record and whose
					 resolution is essential to determining whether a violation has occurred or to
					 determining what remedy is appropriate. If the committee or Commission allows
					 oral testimony, such testimony shall be taken under oath, and all
					 representatives of the staff and all respondents shall be given a right to
					 examine or cross-examine all witnesses who are allowed to testify;
(g) cross-examination of any witness whose
					 declaration under penalty of perjury has become part of the enforcement record
					 shall be permitted only if the party who wishes to cross-examine has identified
					 in writing pursuant either to Section
					 11322(b) or
					 Section 11322(d) the
					 person to be cross-examined, the area or areas of information into which the
					 cross-examination will delve, and the information sought to be uncovered.
					 Following cross-examination of a witness whose declaration under penalty of
					 perjury has become part of the enforcement record, a representative of the
					 opposing party shall be entitled to examine the witness on the area or areas of
					 information addressed during cross-examination. Neither cross-examination nor
					 direct examination shall be allowed of any person who has not submitted a
					 declaration under penalty of perjury which has become part of the enforcement
					 record and who has not been identified in writing pursuant to either Section
					 11322(b) or
					 Section 11322(d),
					 including any member of the public who has commented on an enforcement matter
					 or submitted information related to an alleged violation.
(h) enforcement committee members or
					 Commissioners may ask questions at any time during the hearing or
					 deliberations.
(i) the enforcement
					 committee or Commission shall close the public hearing after the staff, all
					 respondents, and the public have completed their presentations and committee
					 members or Commissioners have completed their questioning;
(j) the enforcement committee or Commission
					 shall rule on any objections to the admissibility of evidence or the acceptance
					 of late evidence and identify any evidence submitted but rejected because it
					 was not filed in a timely manner or in violation of Section
					 11328.
(k) the enforcement committee or Commission
					 shall deliberate and vote on an enforcement matter; and
(l) if a hearing officer has been appointed
					 for an enforcement matter, the hearing officer shall render a written decision
					 that follows the format of an enforcement committee recommended enforcement
					 decision in accordance with Section
					 11330 within 14 days of the
					 closing of the enforcement hearing.
1.
						Renumbering and amendment of former Section
						11328 to Section
						11327 filed 10-11-89; operative
						11-10-89 (Register 89, No. 43). For prior history, see Register 87, No.
						30.
2. Amendment of section and NOTE filed 6-7-2022; operative
						10-1-2022 (Register 2022, No. 23).
Note: Authority cited: Section
						  66632(f),
						  Government Code; and Section
						  29201(e),
						  Public Resources Code. Reference: Sections
						  66638,
						  66641.5(e)
						  and
						  66641.6,
						  Government Code; and Section
						  29601,
						  Public Resources Code.