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 2.5 - Administrative Procedures for Review of Executive Officer Determinations Regarding Service Information for 1994 and Subsequent Model Year Passenger Cars, Light-Duty Trucks, and Medium-Duty Engines and Vehicles and 2007 and Subsequent Model Year Heavy-Duty Engines › Subarticle 1 - General Provisions › Section 60060.4 - Time Limits; Computation of Time

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All actions required under these rules
						shall be completed within the times specified in this article, unless extended
						by the hearing officer after a showing of good cause and consideration of
						prejudice to other parties. Requests for extensions of time for the filing of
						any pleading, letter, document, or other writing or completing any other
						required action must be received in advance of the date on which the filing or
						action is due and should contain sufficient facts to establish a reasonable
						basis for the relief requested.
(b)
						In computing the time that a person has to perform an act or exercise a right,
						the day of the event initiating the running of the time period shall not be
						included and the last day of the time period shall be included. If the last day
						falls on a Saturday, Sunday, or a state holiday, time shall be extended to the
						next working day.
(c) In computing
						time, the term "day" means calendar day, unless otherwise provided.
(d) Unless otherwise indicated by proof of
						service, the mailing date shall be presumed to be the postmark date appearing
						on the envelope if first-class postage was prepaid and the envelope was
						properly addressed.
(e) Where
						service of any pleading, petition, letter, document, or other writing is by
						mail, overnight delivery, or facsimile transmission (fax), pursuant to section
						60060.5(c), and
						if within a given number of days after such service, a right may be exercised,
						or an act is to be performed, the time that such right may be exercised or act
						performed shall be extended as provided in section
						60060.5(c).
(f) Papers delivered to or received by the
						hearing office during regular business hours (8 a.m. to 5 p.m.) will be filed
						on that date. Papers delivered or received at times after regular business
						hours will be filed on the next regular business day.
1. New
						  section filed 9-12-2002; operative 10-1-2002 pursuant to Government Code
						  section
						  11343.4
						  (Register 2002, No. 37).
Note: Authority cited: Sections
							 39600,
							 39601
							 and
							 43105.5(e) and
							 (f), Health and Safety Code. Reference:
							 Sections
							 43105.5(e) and
							 (f), Health and Safety Code; Section
							 1969, title 13, California Code of
							 Regulations; and Mathews v. Eldridge (1976)
							 424 U.S.
							 319.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 1.25 - Administrative Procedures-Hearings › Article 2.5 - Administrative Procedures for Review of Executive Officer Determinations Regarding Service Information for 1994 and Subsequent Model Year Passenger Cars, Light-Duty Trucks, and Medium-Duty Engines and Vehicles and 2007 and Subsequent Model Year Heavy-Duty Engines › Subarticle 1 - General Provisions › Section 60060.6 - Motions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any motion or
						request for action by the hearing officer filed by any party, except those made
						orally on the record at a hearing, shall be in writing and filed with the
						hearing officer, with written notice and proof of service to all parties. The
						caption of each motion shall contain the title and docket number of the
						proceeding and a clear and plain statement of the relief sought and supporting
						rationale.
(b) Except as otherwise
						provided by statute or these regulations, or as ordered by the hearing officer,
						a motion shall be made and filed at least 15 days before the date set for the
						motion to be heard or the commencement of the hearing on the merits. Any
						response to the motion shall be filed and served no later than five days before
						the motion is scheduled to be heard or as ordered by the hearing
						officer.
(c) The hearing office
						shall set the time and place for the hearing of the motion. The hearing shall
						occur as soon as practicable.
(d)
						Except as otherwise provided by statute or these regulations, the hearing
						officer may decide a motion filed pursuant to this section without oral
						argument. Any party may request oral argument at the time of the filing of the
						motion or the response. If the hearing officer orders oral argument, the party
						requesting oral argument, or any party directed to do so by the hearing
						officer, shall serve written notice on all parties of the date, time and place
						of the oral argument. The hearing officer may direct that oral argument be made
						by telephone conference call. The hearing officer may order that the
						proceedings be recorded.
(e) The
						hearing officer shall issue a written order deciding any motion, unless the
						motion is made during the course of the hearing on the merits while on the
						record. The hearing officer may request that the prevailing party prepare a
						proposed order.
1. New
						  section filed 9-12-2002; operative 10-1-2002 pursuant to Government Code
						  section
						  11343.4
						  (Register 2002, No. 37).
Note: Authority cited: Sections
							 39600,
							 39601
							 and
							 43105.5(e) and
							 (f), Health and Safety Code. Reference:
							 Sections
							 43105.5(e) and
							 (f), Health and Safety Code; Section
							 1969, title 13, California Code of
							 Regulations; and Mathews v. Eldridge (1976)
							 424 U.S.
							 319.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 1.25 - Administrative Procedures-Hearings › Article 2.5 - Administrative Procedures for Review of Executive Officer Determinations Regarding Service Information for 1994 and Subsequent Model Year Passenger Cars, Light-Duty Trucks, and Medium-Duty Engines and Vehicles and 2007 and Subsequent Model Year Heavy-Duty Engines › Subarticle 1 - General Provisions › Section 60060.7 - Form of Pleadings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						Except as otherwise expressly provided in this article or by the hearing
						officer, there are no specific requirements as to the form of documents filed
						in a proceeding under these rules.
(b) The filing party or its representative
						shall sign the original of any pleading, letter, document, or other writing
						(other than an exhibit). 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 9-12-2002; operative 10-1-2002 pursuant to Government Code
						  section
						  11343.4
						  (Register 2002, No. 37).
Note: Authority cited: Sections
							 39600,
							 39601
							 and
							 43105.5(e) and
							 (f), Health and Safety Code. Reference:
							 Sections
							 43105.5(e) and
							 (f), Health and Safety Code; Section
							 1969, title 13, California Code of
							 Regulations; and Mathews v. Eldridge (1976)
							 424 U.S.
							 319.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 1.25 - Administrative Procedures-Hearings › Article 2.5 - Administrative Procedures for Review of Executive Officer Determinations Regarding Service Information for 1994 and Subsequent Model Year Passenger Cars, Light-Duty Trucks, and Medium-Duty Engines and Vehicles and 2007 and Subsequent Model Year Heavy-Duty Engines › Subarticle 1 - General Provisions › Section 60060.8 - Motion to Intervene

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						Any person may file a motion to intervene.
(b) The hearing officer shall grant, as a
						matter of right, a timely written motion to intervene filed by an interested
						party to the determination for which review has been requested.
(c) As to other persons, the hearing officer
						may grant such a motion to intervene if all of the following conditions are
						satisfied:
(1) The motion is in writing, with
						copies served on all parties named in the request for review.
(2) The motion is made as early as
						practicable.
(3) The motion states
						facts demonstrating that the proceeding will substantially affect the
						requesting person's legal rights, duties, privileges, or immunities.
(4) The hearing officer determines that the
						interests of justice and the orderly and prompt conduct of the proceeding will
						not be impaired by allowing the intervention.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 1.25 - Administrative Procedures-Hearings › Article 2.5 - Administrative Procedures for Review of Executive Officer Determinations Regarding Service Information for 1994 and Subsequent Model Year Passenger Cars, Light-Duty Trucks, and Medium-Duty Engines and Vehicles and 2007 and Subsequent Model Year Heavy-Duty Engines › Subarticle 1 - General Provisions › Section 60060.9 - Limitations on Written Legal Arguments or Statements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any written legal argument or statement
						submitted to the hearing officer by a participant in an action under this part
						shall be double spaced and typed in a font size 12 point or larger. Except as
						otherwise provided by this part, or otherwise authorized by the hearing officer
						for good cause shown, no written legal argument, exclusive of any supporting
						documentation, may exceed:
(1) Fifteen pages,
						for arguments in support of or opposition to motions; and
(2) Five pages, for reply
						arguments.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 1.25 - Administrative Procedures-Hearings › Article 2.5 - Administrative Procedures for Review of Executive Officer Determinations Regarding Service Information for 1994 and Subsequent Model Year Passenger Cars, Light-Duty Trucks, and Medium-Duty Engines and Vehicles and 2007 and Subsequent Model Year Heavy-Duty Engines › Subarticle 1 - General Provisions › Section 60060.10 - 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, that party shall be responsible for
						notifying the hearing office as soon as the requirement is known, but no later
						than ten 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 state board shall pay the cost of
						interpreter services 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 9-12-2002; operative 10-1-2002 pursuant to Government Code
						  section
						  11343.4
						  (Register 2002, No. 37).
Note: Authority cited: Sections
							 39600,
							 39601
							 and
							 43105.5(e) and
							 (f), Health and Safety Code. Reference:
							 Sections
							 43105.5(e) and
							 (f), Health and Safety Code; Sections
							 11425.10,
							 11435.25,
							 11435.30
							 and
							 11435.55,
							 Government Code; Section
							 751,
							 Evidence Code; Section
							 1969, title 13, California Code of
							 Regulations; and Mathews v. Eldridge (1976)
							 424 U.S.
							 319.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 1.25 - Administrative Procedures-Hearings › Article 2.5 - Administrative Procedures for Review of Executive Officer Determinations Regarding Service Information for 1994 and Subsequent Model Year Passenger Cars, Light-Duty Trucks, and Medium-Duty Engines and Vehicles and 2007 and Subsequent Model Year Heavy-Duty Engines › Subarticle 2 - Hearing Officers › Section 60060.11 - Authority of Hearing Officers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The hearing officer shall have authority
						to review matters arising under Health and Safety Code section
						43105.5
						and title 13, CCR, section
						1969(k). Such
						authority shall include those matters in which:
(1) A motor vehicle manufacturer or engine
						manufacturer has contested a notice to comply that has been issued by the
						Executive Officer because the motor vehicle manufacturer or engine manufacturer
						has allegedly failed to comply with the provisions of section
						43105.5 or the implementing
						regulations, title 13, CCR, section
						1969;
(2) The Executive Officer has requested
						review and issuance of a compliance order against a motor vehicle manufacturer
						or engine manufacturer who has failed to request review of a notice to comply
						and has not filed a compliance plan as required by the notice to comply;
						and
(3) The Executive Officer has
						rejected a compliance plan submitted by a motor vehicle manufacturer or engine
						manufacturer pursuant to section
						43105.5(e);
						and
(4) The Executive Officer has
						requested review and issuance of a compliance order against a motor vehicle
						manufacturer or engine manufacturer that has failed to comply with the terms of
						an approved compliance plan.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 1.25 - Administrative Procedures-Hearings › Article 2.5 - Administrative Procedures for Review of Executive Officer Determinations Regarding Service Information for 1994 and Subsequent Model Year Passenger Cars, Light-Duty Trucks, and Medium-Duty Engines and Vehicles and 2007 and Subsequent Model Year Heavy-Duty Engines › Subarticle 2 - Hearing Officers › Section 60060.12 - Disqualification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The hearing
						officer shall disqualify himself or herself and withdraw from any case in which
						he or she cannot accord a fair and impartial hearing.
(b) A hearing officer may not hear any case
						in which he or she has previously served as an investigator, prosecutor, or
						advocate.
(c) Any party may request
						the disqualification of a hearing officer by filing an affidavit or declaration
						under penalty of perjury. A request against the hearing officer must be made no
						later than five days prior to the commencement of a prehearing conference or
						first day of hearing on the merits, whichever is earlier. The affidavit or
						declaration must state with particularity the grounds upon which it is claimed
						that a fair and impartial hearing cannot be accorded. The issue shall be
						determined, in the first instance, by the hearing officer against whom the
						request for disqualification has been filed.
1. New
						  section filed 9-12-2002; operative 10-1-2002 pursuant to Government Code
						  section
						  11343.4
						  (Register 2002, No. 37).
Note: Authority cited: Sections
							 39600,
							 39601
							 and
							 43105.5(e) and
							 (f), Health and Safety Code. Reference:
							 Sections
							 43105.5(e) and
							 (f), Health and Safety Code; Sections
							 11425.10,
							 11425.30,
							 11425.40
							 and
							 11512,
							 Government Code; Section
							 1969, title 13, California Code of
							 Regulations; and Mathews v. Eldridge (1976)
							 424 U.S.
							 319.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 1.25 - Administrative Procedures-Hearings › Article 2.5 - Administrative Procedures for Review of Executive Officer Determinations Regarding Service Information for 1994 and Subsequent Model Year Passenger Cars, Light-Duty Trucks, and Medium-Duty Engines and Vehicles and 2007 and Subsequent Model Year Heavy-Duty Engines › Subarticle 3 - Ex Parte Communications › Section 60060.13 - Prohibited Communications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except as otherwise provided in this
						section, while the proceeding is pending, the hearing officer shall not
						participate in any communications with any party, representative of a party, or
						any person who has a direct or indirect interest in the outcome of the
						proceeding about the subject matter or merits of the case at issue, without
						notice and opportunity of all parties, to participate in
						communication.
(b) No pleading,
						letter, document, or other writing shall be filed in a proceeding under these
						rules by a party unless service of a copy thereof together with any exhibit or
						attachment is made on all other parties to a proceeding. Service shall be in a
						manner as prescribed in section
						60060.5.
(c) For the purpose of this section, a
						proceeding is pending from the time that a request for review is first filed
						with the hearing office.
(d)
						Communications prohibited under paragraph (a) do not include communications
						concerning matters of procedure or practice, including requests for
						continuances that are not in controversy.
(e) A communication between a hearing officer
						and an employee of the state board that would otherwise be prohibited by this
						section is permissible if the employee is another employee of the hearing
						office whose job duties include aiding the hearing officer in carrying out the
						hearing officer's adjudicative responsibilities. Upon request, the hearing
						office will provide a list of employees of the hearing office to the parties.
						The prohibitions of paragraph (a) that apply to the hearing officer shall also
						apply to such other employees employed in the hearing office. Communications
						permitted under this paragraph shall not furnish, augment, diminish, or modify
						the evidence in the record.
1. New
						  subarticle 3 (sections
						  60060.13-60060.14) and section
						  filed 9-12-2002; operative 10-1-2002 pursuant to Government Code section
						  11343.4
						  (Register 2002, No. 37).
Note: Authority cited: Sections
							 39600,
							 39601
							 and
							 43105.5(e) and
							 (f), Health and Safety Code. Reference:
							 Sections
							 43105.5(e) and
							 (f), Health and Safety Code; Sections
							 11425.10
							 and
							 11430.70-
							 11430.80,
							 Government Code; Section
							 1969, title 13, California Code of
							 Regulations; and Mathews v. Eldridge (1976)
							 424 U.S.
							 319.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 1.25 - Administrative Procedures-Hearings › Article 2.5 - Administrative Procedures for Review of Executive Officer Determinations Regarding Service Information for 1994 and Subsequent Model Year Passenger Cars, Light-Duty Trucks, and Medium-Duty Engines and Vehicles and 2007 and Subsequent Model Year Heavy-Duty Engines › Subarticle 3 - Ex Parte Communications › Section 60060.14 - 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 2.5 - Administrative Procedures for Review of Executive Officer Determinations Regarding Service Information for 1994 and Subsequent Model Year Passenger Cars, Light-Duty Trucks, and Medium-Duty Engines and Vehicles and 2007 and Subsequent Model Year Heavy-Duty Engines › Subarticle 4 - Filing Requests for Administrative Hearing Review › Section 60060.15 - Requests for Review by a Motor Vehicle Manufacturer or Engine Manufacturer

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A motor vehicle
						manufacturer or engine manufacturer may file a request that a hearing officer
						review an Executive Officer determination to issue a notice to comply against
						the motor vehicle manufacturer or engine manufacturer, pursuant to Health and
						Safety Code section
						43105.5(e)
						and title 13, CCR, section
						1969(j).
(b) The motor vehicle manufacturer or engine
						manufacturer shall file the request for hearing within 30 days from the date
						that the Executive Officer issues a determination to issue a notice to comply.
						The hearing officer may, for good cause, extend the time for such
						filing.
(c) A failure to file a
						timely request for hearing of the Executive Officer's determination to issue a
						notice to comply, without alternatively serving on the Executive Officer a
						compliance plan as required by title 13, CCR, section
						1969(j)(8), will
						result in the Executive Officer determination becoming final. The
						manufacturer's failure to pursue administrative review could subject the
						manufacturer to penalties pursuant to Health and Safety Code section
						43105.5(f)
						and title 13, CCR, section
						1969(n).
1. New
						  subarticle 4 (sections
						  60060.15-60060.22) and section
						  filed 9-12-2002; operative 10-1-2002 pursuant to Government Code section
						  11343.4
						  (Register 2002, No. 37).
2. Amendment of section heading and section
						  filed 6-15-2007; operative 7-15-2007 (Register 2007, No.
						  24).
Note: Authority cited: Sections
							 39600,
							 39601
							 and
							 43105.5(e) and
							 (f), Health and Safety Code. Reference:
							 Sections
							 43105.5(e) and
							 (f), Health and Safety Code; Section
							 1969, title 13, California Code of
							 Regulations; and Mathews v. Eldridge (1976)
							 424 U.S.
							 319.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 1.25 - Administrative Procedures-Hearings › Article 2.5 - Administrative Procedures for Review of Executive Officer Determinations Regarding Service Information for 1994 and Subsequent Model Year Passenger Cars, Light-Duty Trucks, and Medium-Duty Engines and Vehicles and 2007 and Subsequent Model Year Heavy-Duty Engines › Subarticle 4 - Filing Requests for Administrative Hearing Review › Section 60060.16 - Requests for Review by the Executive Officer

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Executive Officer shall file a
						request for hearing officer review and issuance of a compliance order when:
(1) The Executive Officer has issued a notice
						to comply against a manufacturer and the manufacturer has failed to either
						request administrative review of the determination, or, in the alternative, to
						submit a compliance plan as required under Title 13, CCR, section
						1969 (
l
)(9). The
						Executive Officer shall file the request for review within 30 days from the
						last day that the manufacturer had to file either a request for review of the
						determination with the hearing office or submit a compliance plan to the
						Executive Officer.
(2) A motor
						vehicle manufacturer or engine manufacturer has submitted a compliance plan
						pursuant to Title 13, CCR, section
						1969 (
l
)(9), and
						the Executive Officer has determined pursuant to the procedures set forth in
						section 1969 (
l
)(10) that
						the compliance plan is unacceptable. The Executive Officer shall file the
						request for review within 30 days from the date that he or she issues the
						determination.
(3) A motor vehicle
						manufacturer or engine manufacturer has had a compliance plan approved pursuant
						to Title 13, CCR, section
						1969 (
l
)(11) but
						has failed to comply with the terms of the plan.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 1.25 - Administrative Procedures-Hearings › Article 2.5 - Administrative Procedures for Review of Executive Officer Determinations Regarding Service Information for 1994 and Subsequent Model Year Passenger Cars, Light-Duty Trucks, and Medium-Duty Engines and Vehicles and 2007 and Subsequent Model Year Heavy-Duty Engines › Subarticle 4 - Filing Requests for Administrative Hearing Review › Section 60060.17 - Content of a Request for Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A request for review is not required to follow any
						  particular form or format. But the request for review shall include all of the
						  following.
(a) The signature of the
						requesting party or its designated representative.
(b) Copies of and specific reference to the
						respective determination of the Executive Officer that is the subject of the
						request for review (i.e., the notice to comply issued against the motor vehicle
						manufacturer or engine manufacturer, or the determination rejecting the motor
						vehicle manufacturer's or engine manufacturer's compliance plan).
(c) The correct business address of the
						requesting party and, if applicable, the name and address of the party's
						designated representative.
(d) The
						name and address of any interested party identified in the challenged
						determination.
(e) A statement of
						the circumstances or arguments that are the basis of the request for hearing,
						with specific reference to the evidence that was before the Executive Officer
						that supports such arguments.
(f) A
						statement of the proposed relief sought by the requesting party.
1. New
						  section filed 9-12-2002; operative 10-1-2002 pursuant to Government Code
						  section
						  11343.4
						  (Register 2002, No. 37).
2. Amendment of subsection (b) filed
						  6-15-2007; operative 7-15-2007 (Register 2007, No.
						  24).
Note: Authority cited: Sections
							 39600,
							 39601
							 and
							 43105.5(e) and
							 (f), Health and Safety Code. Reference:
							 Sections
							 43105.5(e) and
							 (f), Health and Safety Code; Section
							 1969, title 13, California Code of
							 Regulations; and Mathews v. Eldridge (1976)
							 424 U.S.
							 319.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 1.25 - Administrative Procedures-Hearings › Article 2.5 - Administrative Procedures for Review of Executive Officer Determinations Regarding Service Information for 1994 and Subsequent Model Year Passenger Cars, Light-Duty Trucks, and Medium-Duty Engines and Vehicles and 2007 and Subsequent Model Year Heavy-Duty Engines › Subarticle 4 - Filing Requests for Administrative Hearing Review › Section 60060.18 - Notice of Receipt of Request for Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon receipt of a timely request for
						review, the hearing office shall review the request for completeness.
(b) If the request does not include the
						information required under section
						60060.17, the hearing office shall
						immediately acknowledge receipt of the request and notify the requesting party
						of the deficiencies that must be corrected before the request for hearing may
						be deemed filed and docketed. The requesting party shall have 10 days from the
						date of mailing the notice of deficiencies to submit a complete request for
						hearing. If the deficiencies are not corrected within the 10 days or the time
						provided for initially filing the request in sections
						60060.15 through
						60060.16, whichever is later, the
						underlying Executive Officer determination will become final.
(c) If the hearing office finds the request
						for hearing to be complete, it shall deem the request filed on the date that
						the request was received and notify the requesting party, the Executive
						Officer, and any identified interested party that a request for hearing has
						been filed.
(d) Except as provided
						in paragraph (f) below, the notice shall inform the parties that:
(1) Copies of these hearing procedures are
						available from the hearing office and that the procedures set forth at
						Government Code section
						11500 et
						seq. are not applicable.
(2)
						Interested parties may file a motion to intervene pursuant to these rules if
						they wish to participate in the hearing.
(3) The parties shall submit to the hearing
						office responsive and reply arguments by the dates specified in these
						procedures.
(4) The parties have
						the right to be represented by counsel or other representative of their
						choosing and the right to an interpreter or other necessary
						accommodation.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 1.25 - Administrative Procedures-Hearings › Article 2.5 - Administrative Procedures for Review of Executive Officer Determinations Regarding Service Information for 1994 and Subsequent Model Year Passenger Cars, Light-Duty Trucks, and Medium-Duty Engines and Vehicles and 2007 and Subsequent Model Year Heavy-Duty Engines › Subarticle 4 - Filing Requests for Administrative Hearing Review › Section 60060.19 - Response to Request for Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any party opposed to a filed request for review shall
						  file a response within 30 days after service of the notice of filing by the
						  hearing office. The response shall be in writing and address the issues raised
						  in the request for hearing. The response should include any rebuttal to the
						  issues and arguments raised by the party requesting review, with specific
						  reference to the investigative record that was before the Executive Officer
						  when he or she made a determination that is the subject of the review before
						  the hearing officer. The response shall be in the form of a declaration signed
						  under penalty of perjury.
1. New
						  section filed 9-12-2002; operative 10-1-2002 pursuant to Government Code
						  section
						  11343.4
						  (Register 2002, No. 37).
Note: Authority cited: Sections
							 39600,
							 39601
							 and
							 43105.5(e) and
							 (f), Health and Safety Code. Reference:
							 Sections
							 43105.5(e) and
							 (f), Health and Safety Code; Section
							 1969, title 13, California Code of
							 Regulations; and Mathews v. Eldridge (1976)
							 424 U.S.
							 319.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 1.25 - Administrative Procedures-Hearings › Article 2.5 - Administrative Procedures for Review of Executive Officer Determinations Regarding Service Information for 1994 and Subsequent Model Year Passenger Cars, Light-Duty Trucks, and Medium-Duty Engines and Vehicles and 2007 and Subsequent Model Year Heavy-Duty Engines › Subarticle 4 - Filing Requests for Administrative Hearing Review › Section 60060.20 - Reply

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Within 15 days of receipt of the last submitted
						  response, the party requesting review may file a reply responding to the
						  contentions raised in any response. The reply shall be in the form of a
						  declaration signed under penalty of perjury.
1. New
						  section filed 9-12-2002; operative 10-1-2002 pursuant to Government Code
						  section
						  11343.4
						  (Register 2002, No. 37).
Note: Authority cited: Sections
							 39600,
							 39601
							 and
							 43105.5(e) and
							 (f), Health and Safety Code. Reference:
							 Sections
							 43105.5(e) and
							 (f), Health and Safety Code; Section
							 1969, title 13, California Code of
							 Regulations; and Mathews v. Eldridge (1976)
							 424 U.S.
							 319.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 1.25 - Administrative Procedures-Hearings › Article 2.5 - Administrative Procedures for Review of Executive Officer Determinations Regarding Service Information for 1994 and Subsequent Model Year Passenger Cars, Light-Duty Trucks, and Medium-Duty Engines and Vehicles and 2007 and Subsequent Model Year Heavy-Duty Engines › Subarticle 4 - Filing Requests for Administrative Hearing Review › Section 60060.21 - Extensions of Time for Submitting a Response or Reply

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The time period for submitting a response required
						  under section
						  60060.19 or a reply under section
						  60060.20 may be extended:
(1) By stipulation of the parties for 30
						additional days to allow the parties to conduct informal settlement
						negotiations; or
(2) Upon motion to
						the hearing officer, who may extend the time period for up to 30 days, if the
						moving party can show good cause and if the other parties are not prejudiced by
						a delay.
1. New
						  section filed 9-12-2002; operative 10-1-2002 pursuant to Government Code
						  section
						  11343.4
						  (Register 2002, No. 37).
Note: Authority cited: Sections
							 39600,
							 39601
							 and
							 43105.5(e) and
							 (f), Health and Safety Code. Reference:
							 Sections
							 43105.5(e) and
							 (f), Health and Safety Code; Section
							 1969, title 13, California Code of
							 Regulations; and Mathews v. Eldridge (1976)
							 424 U.S.
							 319.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 1.25 - Administrative Procedures-Hearings › Article 2.5 - Administrative Procedures for Review of Executive Officer Determinations Regarding Service Information for 1994 and Subsequent Model Year Passenger Cars, Light-Duty Trucks, and Medium-Duty Engines and Vehicles and 2007 and Subsequent Model Year Heavy-Duty Engines › Subarticle 4 - Filing Requests for Administrative Hearing Review › Section 60060.22 - Stays Pending Issuance of Hearing Officer's Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Pending the hearing officer issuing its decision, a
						  motor vehicle manufacturer or engine manufacturer contesting an Executive
						  Officer determination to issue a notice to comply or to reject a compliance
						  plan submitted in response to a notice to comply shall not be required to take
						  any action in response to the challenged Executive Officer
						  determination.
1. New
						  section filed 9-12-2002; operative 10-1-2002 pursuant to Government Code
						  section
						  11343.4
						  (Register 2002, No. 37).
2. Amendment filed 6-15-2007; operative
						  7-15-2007 (Register 2007, No. 24).
Note: Authority cited: Sections
							 39600,
							 39601
							 and
							 43105.5(e) and
							 (f), Health and Safety Code. Reference:
							 Sections
							 43105.5(e) and
							 (f), Health and Safety Code; Section
							 1969, title 13, California Code of
							 Regulations; and Mathews v. Eldridge (1976)
							 424 U.S.
							 319.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 1.25 - Administrative Procedures-Hearings › Article 2.5 - Administrative Procedures for Review of Executive Officer Determinations Regarding Service Information for 1994 and Subsequent Model Year Passenger Cars, Light-Duty Trucks, and Medium-Duty Engines and Vehicles and 2007 and Subsequent Model Year Heavy-Duty Engines › Subarticle 5 - Pre-Hearing Procedures › Section 60060.23 - Schedule of Review Proceedings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon receipt of a request for review, the
						administrative hearing office of the state board shall assign an administrative
						law judge to be the hearing officer, unless staffing and other resources of the
						hearing office would prevent timely consideration of the matter. If the
						resources of the administrative hearing office prevent assignment, the
						administrative hearing office shall refer the matter to the State Office of
						Administrative Hearings for assignment.
(b) With the consent of the parties, hearings
						shall be conducted based on the written record certified by the Executive
						Officer and the written submissions of the parties, whenever
						possible.
(c) For matters that are
						to be decided based upon the submitted written record, the hearing officer
						shall serve upon the parties a schedule setting forth the date that the record
						will be closed and submitted for decision.
(d) For hearings requiring personal
						appearances, the hearing officer shall serve upon the parties the dates
						scheduled for hearing for the purpose of taking evidence. Such hearing shall
						not be set earlier than 30 days from the date that the notice is served on all
						parties.
(e) Upon either a motion
						of the hearing officer or any party, the hearing officer may grant such delays
						or adjustments to the schedule for the review proceedings as may be necessary
						or desirable in the interest of fairness. In filing a motion, the moving party
						shall file the request not less than five days prior to the date set for the
						action covered by the request and shall submit such evidence to establish good
						cause for the requested delay or adjustment to the schedule. If the hearing
						officer orders a delay or adjustment to schedule, he or she shall provide
						written notice to all parties.
1. New
						  subarticle 5 (sections
						  60060.23-60060.25) and section
						  filed 9-12-2002; operative 10-1-2002 pursuant to Government Code section
						  11343.4
						  (Register 2002, No. 37).
Note: Authority cited: Sections
							 39600,
							 39601
							 and
							 43105.5(e) and
							 (f), Health and Safety Code. Reference:
							 Sections
							 43105.5(e) and
							 (f), Health and Safety Code; Sections
							 11509 and
							 11440.30,
							 Government Code; Section
							 1969, title 13, California Code of
							 Regulations; and Mathews v. Eldridge (1976)
							 424 U.S.
							 319.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 1.25 - Administrative Procedures-Hearings › Article 2.5 - Administrative Procedures for Review of Executive Officer Determinations Regarding Service Information for 1994 and Subsequent Model Year Passenger Cars, Light-Duty Trucks, and Medium-Duty Engines and Vehicles and 2007 and Subsequent Model Year Heavy-Duty Engines › Subarticle 5 - Pre-Hearing Procedures › Section 60060.24 - Consolidation, Separation of Proceedings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon the motion of a party or upon the
						hearing officer's own motion, the hearing officer may consolidate for review
						and decision:
(1) Any number of proceedings
						involving the same parties; and
(2)
						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 the parties.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 1.25 - Administrative Procedures-Hearings › Article 2.5 - Administrative Procedures for Review of Executive Officer Determinations Regarding Service Information for 1994 and Subsequent Model Year Passenger Cars, Light-Duty Trucks, and Medium-Duty Engines and Vehicles and 2007 and Subsequent Model Year Heavy-Duty Engines › Subarticle 5 - Pre-Hearing Procedures › Section 60060.25 - Discovery

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The provisions
						of this section provide the exclusive right to, and method of, discovery as to
						any proceeding governed by these review procedures. Nothing in this section
						prohibits the parties from voluntarily stipulating to exchange any information
						that they deem appropriate. This section does not authorize the inspection or
						copying of, any writing or thing that is privileged from disclosure by law or
						protected as part of an attorney's work product.
(b) No discovery is available to the parties
						in matters forwarded to the hearing officer for issuance of compliance orders
						pursuant to section
						60060.16(a)(1).
(c) For other hearings, within 30 days from
						the date of service of the notice of filing, a party may serve on any other
						party to the proceeding a written request, for the following:
(1) The names and addresses of witnesses to
						the extent known to the other party, including, but not limited to, those
						intended to be called to testify at the hearing; and
(2) The opportunity to inspect and make a
						copy of any thing, document, statement or other writings relevant to the issues
						for hearing that are in the possession, custody or control of another party to
						the proceeding and would be admissible in evidence. This includes the following
						information from the investigative file compiled by the Executive Officer:
(i) the names and addresses of witnesses or
						of persons (other than confidential informants) having personal knowledge of
						the issues involved in the proceeding,
(ii) matters perceived by the investigator in
						the course of his or her investigation (as opposed to his or her analysis or
						conclusions), and
(iii) statements
						related to the issues of the proceedings which are otherwise
						admissible.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 1.25 - Administrative Procedures-Hearings › Article 2.5 - Administrative Procedures for Review of Executive Officer Determinations Regarding Service Information for 1994 and Subsequent Model Year Passenger Cars, Light-Duty Trucks, and Medium-Duty Engines and Vehicles and 2007 and Subsequent Model Year Heavy-Duty Engines › Subarticle 6 - Contempt and Sanctions › Section 60060.26 - Contempt

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If any person in proceedings before the hearing officer
						  disobeys or resists any lawful order or, if applicable, refuses to take the
						  oath or affirmation as a witness or thereafter refuses to be examined, or is
						  guilty of misconduct during a hearing, the hearing officer may certify the
						  facts to the superior court in and for the county where contempt proceedings
						  are held pursuant to Government Code section
						  11455.20.
1. New
						  subarticle 6 (sections
						  60060.26-60060.27) and section
						  filed 9-12-2002; operative 10-1-2002 pursuant to Government Code section
						  11343.4
						  (Register 2002, No. 37).
Note: Authority cited: Sections
							 39600,
							 39601
							 and
							 43105.5(e) and
							 (f), Health and Safety Code. Reference:
							 Sections
							 43105.5(e) and
							 (f), Health and Safety Code; Sections
							 11455 and
							 11525,
							 Government Code; Section
							 1969, title 13, California Code of
							 Regulations; and Mathews v. Eldridge (1976)
							 424 U.S.
							 319.
California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 1.25 - Administrative Procedures-Hearings › Article 2.5 - Administrative Procedures for Review of Executive Officer Determinations Regarding Service Information for 1994 and Subsequent Model Year Passenger Cars, Light-Duty Trucks, and Medium-Duty Engines and Vehicles and 2007 and Subsequent Model Year Heavy-Duty Engines › Subarticle 6 - Contempt and Sanctions › Section 60060.27 - Sanctions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Notwithstanding
						the above, the hearing officer may order a party, a party's representative or
						both, to pay reasonable expenses, including attorney's 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 and 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.