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 7 - Review Proceedings › Section 60060.28 - Failure to Appear

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If after service of a notice of hearing, including
						  notice of consolidated hearing or continuance, a party fails to appear at a
						  hearing either in person or by representative, the hearing officer may take the
						  proceeding off the calendar or such other appropriate action to insure the
						  rights and interests of all parties under Health and Safety Code section
						  43105.5
						  and title 13, CCR, section
						  1969 et seq.
1. New
						  subarticle 7 (sections
						  60060.28-60060.31) 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
							 11455.30
							 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 7 - Review Proceedings › Section 60060.29 - Conduct of Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All
						hearings shall be presided over by a hearing officer who shall conduct a full
						and fair hearing in which all parties have a reasonable opportunity to be heard
						and to present evidence.
(b) All
						hearings shall be conducted in the English language, although any party may
						request the assistance of an interpreter.
(c) In matters brought before the hearing
						officer pursuant to a request for review filed by the Executive Officer under
						section 60060.16(a)(1),
						no hearing on the merits of the underlying Executive Officer determination
						issuing a notice to comply shall be held. At the hearing officer's discretion,
						the hearing officer may issue an order to comply without convening a formal
						hearing.
(d) For all other
						hearings, subject to reasonable limitations that may be imposed by the hearing
						officer, each party to the proceeding shall have the right to:
(1) Call and examine witnesses.
(2) Introduce exhibits.
(3) Question opposing witnesses on any matter
						relevant to the issues even though that matter was not covered in the direct
						examinations.
(4) Impeach any
						witness regardless of which party first called the witness to
						testify.
(5) Call and examine an
						opposing party as if under cross-examination, even if that party has not
						testified on its own behalf.
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 7 - Review Proceedings › Section 60060.30 - Evidence

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Oral testimony
						shall be taken only under oath or affirmation.
(b) The hearing need not be conducted in
						accordance with technical rules of evidence. Rather, the hearing officer shall
						admit evidence that is the type of evidence that responsible persons are
						accustomed to relying upon in the conduct of serious affairs. Hearsay evidence
						may be used for the purpose of supplementing or explaining other evidence, but
						upon timely objection shall not be sufficient by itself to support a finding
						unless it would be admissible over objection in a civil court action.
(c) The rules of privilege shall be effective
						to the extent that they are otherwise required by statute to be
						recognized.
(d) Regarding evidence
						claimed to be trade secrets or other confidential information, the hearing
						officer will defer to the findings and conclusions of law made by the superior
						court pursuant to Health and Safety Code section
						43105.5(b)
						and title 13, CCR, section
						1969(i). The
						hearing officer shall preserve the confidentiality of information determined to
						be a trade secret and may make such orders as may be necessary, including
						considering such information in a closed meeting.
(e) In reaching a decision, official notice
						may be taken, either before or after submission of the proceeding for decision,
						of any generally accepted technical or scientific matter within the state
						board's area of expertise, and determinations, rulings, orders, findings and
						decisions, required by law to be made by the hearing officer.
(1) The hearing officer shall take official
						notice of those matters set forth in section
						451 of the
						Evidence Code.
(2) The hearing
						officer may take official notice of those matters set forth in section
						452 of the
						Evidence Code.
(3) Each party shall
						give notice of a request to take official notice and be given reasonable
						opportunity on request to present information relevant to:
(A) The propriety of taking official notice;
						and
(B) The effect of the matter to
						be noticed.
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 7 - Review Proceedings › Section 60060.31 - Evidence by Declaration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						At any time 20 or more days prior to a hearing or a continued hearing, a party
						may mail or deliver to the opposing party or parties a copy of any declaration
						which the proponent proposes to introduce in evidence, together with a notice
						as provided in paragraph (b). Unless an opposing party, within seven days after
						such mailing or delivery, mails or delivers to the proponent a request to
						cross-examine the declarant the opposing party's right to cross-examine such
						declarant is waived and the declaration, if introduced in evidence, shall be
						given the same effect as if the declarant had testified orally. If an
						opportunity to cross-examine a declarant is not afforded after a request is
						made as herein provided, the hearing officer may allow the declaration to be
						introduced, but it shall only be given the same effect as other hearsay
						evidence.
(b) The notice referred
						to in paragraph (a) shall be a separate document concurrently served with the
						declaration, entitled "Notice of Intent to Use Declaration in Lieu of Oral
						Testimony." The title shall be in bold print. The content of the notice shall
						be substantially in the following form:
The accompanying declaration of [insert name of
						  declarant] will be introduced as evidence at the hearing in [insert title and
						  docket number or petition number of proceeding]. [Insert name] will not be
						  called to testify orally and you will not be entitled to question the declarant
						  unless you notify [insert name of the proponent or representative] at [insert
						  address] that you wish to cross-examine the declarant. To be effective, your
						  request must be mailed or delivered to [insert name of proponent or
						  representative] on or before [insert a date 7 days after the date of mailing or
						  delivery of the declaration to the opposing party]."
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 8 - Decisions of the Hearing Officer › Section 60060.32 - Decisions and Orders of the Hearing Officer

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except for compliance orders issued
						pursuant to or after a request for hearing filed under section
						60060.16(a)(1) or
						otherwise ordered, all proceedings shall be submitted at the time identified by
						the hearing officer in the schedule for review that has been served upon the
						parties. Within 30 days of the matter being submitted, the hearing officer
						shall make findings upon all facts relevant to the issues under review, and
						file a written decision and order setting forth the reasons or grounds
						therefore.
(b) If the decision
						finds that the motor vehicle manufacturer or engine manufacturer has failed to
						comply with any of the requirements of Health and Safety Code section
						43105.5
						or title 13, CCR, section
						1969, including the obligation to
						submit an acceptable compliance plan, the decision shall order the motor
						vehicle manufacturer or engine manufacturer to come into compliance within 30
						days of the effective date of the decision.
(1) The order shall further provide that if
						the motor vehicle manufacturer or engine manufacturer fails to comply within
						the 30-day time period set forth above, the hearing officer may order that the
						motor vehicle manufacturer or engine manufacturer be assessed penalties in an
						amount not to exceed $25,000 per day per violation, commencing of the 31st day
						of noncompliance and continuing until the violation is corrected.
(2) For purposes of this section, a finding
						by the hearing officer that a motor vehicle manufacturer or engine manufacturer
						has failed to comply with the requirements of Health and Safety Code section
						43105.5
						and title 13 CCR, section
						13 CCR,
						section 1969 et seq., including the failure
						to submit a timely compliance plan, shall be considered a single
						violation.
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 8 - Decisions of the Hearing Officer › Section 60060.33 - Penalty Assessment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In determining the appropriate conditional daily
						  penalties that a motor vehicle manufacturer or engine manufacturer may be
						  subject to under Health and Safety Code section
						  43105.5(f)
						  and these regulations, the hearing officer shall consider the following
						  factors.
(a) The extent of
						noncompliance by the motor vehicle manufacturer or engine
						manufacturer.
(b) The harm caused
						by the noncompliance to the covered person and other persons, as well as any
						violations to public health and safety and to the environment.
(c) The nature and persistence of the
						noncompliance.
(d) The compliance
						history of the motor vehicle manufacturer or engine manufacturer, including the
						history of past noncompliance.
(e)
						The efforts made to comply, and any special circumstances preventing or
						delaying compliance.
(f) The
						cooperation of the motor vehicle manufacturer or engine manufacturer during the
						course of the Executive Officer's investigation.
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 first paragraph and
						  subsections (a), (d) and (f) 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:
							 Section
							 43105.5,
							 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 9 - Judicial Review › Section 60060.34 - Judicial Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						Except as provided in paragraph (b) below, a party adversely affected by the
						final decision of the hearing officer may seek judicial review by filing a
						petition for a writ of mandate in accordance with section
						1094.5
						of the California Code of Civil Procedure. Such petition shall be filed within
						30 days after the order or decision becomes final.
(b) A motor vehicle manufacturer or engine
						manufacturer adversely affected by a compliance order issued pursuant to
						section 60060.33(a) may
						only request judicial review of a penalty assessment and not the merits of the
						underlying notice to comply, which the manufacturer never itself
						contested.
(c) The state board may
						seek to enforce a final order or decision in superior court in accordance with
						applicable law.
1. New
						  subarticle 9 (section
						  60060.34) and 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
							 1094.5,
							 California Code of Civil Procedure; 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 3 - Administrative Hearing Procedures for Review of Complaints › Subarticle 1 - General Provisions › Section 60065.1 - Applicability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) This article
						governs hearings to review complaints issued by the state board pursuant to
						Health and Safety Code sections
						42410,
						43023,
						and
						43028.
						The procedures outlined here do not apply to citations that are subject to
						review under Article 5, section
						60075.1, et seq.
(b) The provisions of this article apply only
						to complaints filed on or after the effective date of this article.
1. New
						  article 3 (subarticles 1-10, sections
						  60065.1-60065.45), subarticle 1
						  (sections 60065.1-60065.10) and section
						  filed 9-1-99; operative 10-1-99 (Register 99, No. 36).
2. Amendment
						  of subsection (a) and amendment of NOTE filed 9-4-2003; operative 10-4-2003
						  (Register 2003, No. 36).
Note: Authority cited: Sections
							 39600,
							 39601,
							 42410,
							 43023,
							 43028
							 and
							 43031(a),
							 Health and Safety Code. Reference: Mathews v. Eldridge,
							 424 U.S.
							 319 (1976); Sections
							 42410,
							 43023,
							 43028
							 and
							 43031(a),
							 Health and Safety Code; Sections
							 60075, et seq., title 17 and 2048,
							 title 13, California Code of Regulations; and Sections
							 11500, et seq., Government
							 Code.
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 60065.3 - Right to Representation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A party may appear in person or through a
						representative, who is not required to be an attorney at law. The right to
						representation is at the party's own expense. Following notification that a
						party is represented by a person other than him or herself, all further
						communications regarding the proceedings shall be directed to that
						representative.
(b) A
						representative of a party shall be deemed to control all matters respecting the
						interest of such party in the proceeding. Persons who appear as representatives
						shall not engage in unethical conduct or intentionally fail to observe the
						procedures set forth in these rules and the proper instructions or orders of
						the hearing officer.
(c) A
						representative may withdraw an appearance by filing a written notice of
						withdrawal with the hearing office and by serving a copy on all
						parties.
1. New
						  section filed 9-1-99; operative 10-1-99 (Register 99, No. 36).
2.
						  Amendment of NOTE filed 9-4-2003; operative 10-4-2003 (Register 2003, No.
						  36).
Note: Authority cited: Sections
							 39600,
							 39601,
							 42410,
							 43023,
							 43028
							 and
							 43031(a),
							 Health and Safety Code. Reference: Mathews v. Eldridge,
							 424 U.S.
							 319 (1976); Sections
							 42410,
							 43023,
							 43028
							 and
							 43031(a),
							 Health and Safety Code; and Sections
							 2180, et seq., title 13,
							 California Code of Regulations.
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 60065.4 - Time Limits; Computation of Time

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All actions required pursuant to these
						rules shall be completed within the times specified in this article, unless
						extended by the hearing officer upon a showing of good cause, after
						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 within which a
						right may be exercised or an act is to be performed, the day of the event from
						which the designated period runs shall not be included and the last day 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
						60065.5(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 within which such right may be exercised
						or act performed shall be extended as provided in section
						60065.5(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 other than regular business
						hours will be filed on the next regular business day.
1. New
						  section filed 9-1-99; operative 10-1-99 (Register 99, No. 36).
2.
						  Amendment of NOTE filed 9-4-2003; operative 10-4-2003 (Register 2003, No.
						  36).
Note: Authority cited: Sections
							 39600,
							 39601,
							 42410,
							 43023,
							 43028
							 and
							 43031(a),
							 Health and Safety Code. Reference: Mathews v. Eldridge,
							 424 U.S.
							 319 (1976); and Sections
							 42410,
							 43023,
							 43028
							 and
							 43031(a),
							 Health and Safety Code.
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 60065.6 - Motions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any motion or
						request for action by the hearing officer relating to any proceeding pending
						before him or her filed by any party, except those made orally on the record at
						the hearing, shall be in writing and shall be directed to 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, together with the grounds
						therefore.
(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.
(f) A request for a
						prehearing conference or a settlement conference under sections
						60065.27 and
						60065.28 does not constitute a
						motion within the meaning of this section.
1. New
						  section filed 9-1-99; operative 10-1-99 (Register 99, No. 36).
2.
						  Amendment of NOTE filed 9-4-2003; operative 10-4-2003 (Register 2003, No.
						  36).
Note: Authority cited: Sections
							 39600,
							 39601,
							 42410,
							 43023,
							 43028
							 and
							 43031(a),
							 Health and Safety Code. Reference: Mathews v. Eldridge,
							 424 U.S.
							 319 (1976); and Sections
							 42410,
							 43023,
							 43028
							 and
							 43031(a),
							 Health and Safety Code.
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 60065.7 - 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 original of any pleading, letter,
						document, or other writing (other than an exhibit) shall be signed by the
						filing party or its representative. 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 9-1-99; operative 10-1-99 (Register 99, No. 36).
2.
						  Amendment of NOTE filed 9-4-2003; operative 10-4-2003 (Register 2003, No.
						  36).
Note: Authority cited: Sections
							 39600,
							 39601,
							 42410,
							 43023,
							 43028
							 and
							 43031(a),
							 Health and Safety Code. Reference: Mathews v. Eldridge,
							 424 U.S.
							 319 (1976); and Sections
							 42410,
							 43023,
							 43028
							 and
							 43031(a),
							 Health and Safety Code.
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 60065.8 - 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, further limited by the hearing officer, 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 3 - Administrative Hearing Procedures for Review of Complaints › Subarticle 1 - General Provisions › Section 60065.9 - Records of the State Board

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Except where public disclosure of information or
						  exhibits is restricted by law, records of the state board are public records
						  and are available to the public pursuant to section
						  91000, et seq., title 17,
						  California Code of Regulations.
1. New
						  section filed 9-1-99; operative 10-1-99 (Register 99, No. 36).
2.
						  Amendment of NOTE filed 9-4-2003; operative 10-4-2003 (Register 2003, No.
						  36).
Note: Authority cited: Sections
							 39600,
							 39601,
							 42410,
							 43023,
							 43028
							 and
							 43031(a),
							 Health and Safety Code. Reference: Mathews v. Eldridge,
							 424 U.S.
							 319 (1976); Sections
							 42410,
							 43023,
							 43028
							 and
							 43031(a),
							 Health and Safety Code; Sections
							 6250, et seq., Government Code;
							 and Sections
							 91000, et seq., title 17,
							 California Code of Regulations.
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 60065.10 - 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 cost of interpreter services shall be
						paid by the state board 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 9-1-99; operative 10-1-99 (Register 99, No. 36).
2.
						  Amendment of NOTE filed 9-4-2003; operative 10-4-2003 (Register 2003, No.
						  36).
Note: Authority cited: Sections
							 39600,
							 39601,
							 42410,
							 43023,
							 43028
							 and
							 43031(a),
							 Health and Safety Code. Reference: Mathews v. Eldridge,
							 424 U.S.
							 319 (1976); Sections
							 42410,
							 43023,
							 43028
							 and
							 43031(a),
							 Health and Safety Code; Sections
							 11435.25,
							 11435.30
							 and
							 11435.55,
							 Government Code; and Section
							 751,
							 Evidence Code.
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 2 - Hearing Officers › Section 60065.11 - Authority of Hearing Officers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In any matter subject to hearing pursuant to these
						  rules, the hearing officer shall have the authority to do any act and take all
						  measures necessary for the maintenance of order and for the efficient, fair and
						  impartial adjudication of issues arising in proceedings governed by these
						  rules, including, but not limited to, authority to hold prehearing conferences;
						  conduct hearings to determine all issues of fact and law presented; to rule
						  upon motions, requests and offers of proof, dispose of procedural requests, and
						  issue all necessary orders; administer oaths and affirmations and take
						  affidavits or declarations; to issue subpoenas and subpoenas duces tecum for
						  the attendance of a person and production of testimony, books, documents, or
						  other things; to compel the attendance of a person residing anywhere in the
						  state; to rule on objections, privileges, defenses, and the receipt of relevant
						  and material evidence; to call and examine a party or witness and introduce
						  into the hearing record documentary or other evidence; to request a party at
						  any time to state the respective position or supporting theory concerning any
						  fact or issues in the proceeding; to certify official acts; to extend the
						  submittal date of any proceeding; to hear and determine all issues of fact and
						  law presented and to issue such interlocutory and final orders, findings, and
						  decisions as may be necessary for the full adjudication of the
						  matter.
1. New
						  subarticle 2 (sections
						  60065.11-60065.12) and section
						  filed 9-1-99; operative 10-1-99 (Register 99, No. 36).
2. Amendment
						  of NOTE filed 9-4-2003; operative 10-4-2003 (Register 2003, No.
						  36).
Note: Authority cited: Sections
							 39600,
							 39601,
							 42410,
							 43023,
							 43028
							 and
							 43031(a),
							 Health and Safety Code. Reference: Mathews v. Eldridge,
							 424 U.S.
							 319 (1976); Sections
							 42410,
							 43023,
							 43028
							 and
							 43031(a),
							 Health and Safety Code; and Sections
							 11181-
							 11182 and
							 11425.30,
							 Government Code.
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 2 - Hearing Officers › Section 60065.12 - 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 or the executive officer, on a
						request for reconsideration, 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. A request for
						disqualification of the executive officer must be included in the request for
						reconsideration. 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 respectively determined by either the hearing
						officer or the executive officer against whom the request for disqualification
						has been filed.
1. New
						  section filed 9-1-99; operative 10-1-99 (Register 99, No. 36).
2.
						  Amendment of subsection (b) and amendment of NOTE filed 9-4-2003; operative
						  10-4-2003 (Register 2003, No. 36).
Note: Authority cited: Sections
							 39600,
							 39601,
							 42410,
							 43023,
							 43028
							 and
							 43031(a),
							 Health and Safety Code. Reference: Mathews v. Eldridge,
							 424 U.S.
							 319 (1976); Sections
							 42410,
							 43023,
							 43028
							 and
							 43031(a),
							 Health and Safety Code; and Sections
							 11425.40
							 and
							 11512,
							 Government Code.
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 3 - Ex Parte Communications › Section 60065.14 - 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 3 - Administrative Hearing Procedures for Review of Complaints › Subarticle 3 - Ex Parte Communications › Section 60065.15 - Applicability to Executive Officer

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The provision of Subarticle 3 governing
						ex parte communications to the hearing officer also governs ex parte
						communications with the executive officer on matters that may come before him
						or her pursuant to Subarticle 9. Irrespective of the prohibitions of section
						60065.13(a), the
						executive officer may consult with state board personnel who are not involved
						as an investigator, prosecutor, or advocate in the proceedings or
						preadjudicative proceedings of the matter before the executive officer, or in a
						factually related case, and whose job duties include assisting the executive
						officer in his or her adjudicative responsibilities.
(b) Except as otherwise provided in these
						procedures, while a proceeding is pending, the hearing officer shall have no
						communication, direct or indirect, with the members of the state board
						regarding the merits of any issue in the proceeding.
1. New
						  section filed 9-1-99; operative 10-1-99 (Register 99, No. 36).
2.
						  Amendment of NOTE filed 9-4-2003; operative 10-4-2003 (Register 2003, No.
						  36).
Note: Authority cited: Sections
							 39600,
							 39601,
							 42410,
							 43023,
							 43028
							 and
							 43031(a),
							 Health and Safety Code. Reference: Mathews v. Eldridge,
							 424 U.S.
							 319 (1976); Sections
							 42410,
							 43023,
							 43028 and
							 43031(a). Health
							 and Safety Code; and Sections
							 11430.70-11430.80 Government
							 Code.
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 4 - Issuance of and Response to Complaints › Section 60065.16 - Violations Subject to a Complaint; Issuance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A complaint may be issued for violations:
(1) Arising under part 5, chapters 1 though 4
						and chapter 6 of division 26 of the Health and Safety Code, or violations of
						any rule, regulation, permit, variance, or orders of the state board adopted or
						issued pursuant to authority granted under those Health and Safety Code
						provisions;
(2) Of regulations
						adopted and orders issued by the state board pursuant to authority granted
						under parts 1 through 4 of division 26 of the Health and Safety
						Code.
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 4 - Issuance of and Response to Complaints › Section 60065.17 - Withdrawal of or Amendment to the Complaint

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The complainant may without prejudice
						withdrawal or amend the complaint once as a matter of right at any time before
						respondent has filed its response.
(b) After the response has been filed, the
						complainant may move to withdraw or amend the complaint. A motion to amend the
						complaint must include the proposed amendment. The hearing officer may grant
						the motion upon finding that good cause exists and that the amendment is in the
						interest of justice.
1. New
						  section filed 9-1-99; operative 10-1-99 (Register 99, No. 36).
2.
						  Amendment of NOTE filed 9-4-2003; operative 10-4-2003 (Register 2003, No.
						  36).
Note: Authority cited: Sections
							 39600,
							 39601,
							 42410,
							 43023,
							 43028
							 and
							 43031(a),
							 Health and Safety Code. Reference: Mathews v. Eldridge,
							 424 U.S.
							 319 (1976); and Sections
							 42410,
							 43023,
							 43028
							 and
							 43031(a),
							 Health and Safety Code.
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 4 - Issuance of and Response to Complaints › Section 60065.18 - Response/Request for Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						Within 30 days after service of the complaint, the respondent or its
						representative may file a response/request for hearing to the complaint with
						the hearing office designated in the complaint. In addition to requesting a
						hearing before an administrative law judge, the respondent may:
(1) Object to the complaint on the ground
						that it does not state acts or omissions upon which the agency may
						proceed;
(2) Object to the form of
						the complaint on the ground that it is so indefinite or uncertain that the
						respondent cannot identify the transaction or prepare a defense;
(3) Admit or deny the complaint, in whole or
						in part, specifying each allegation of fact or conclusion of law as to
						liability which is in dispute;
(4)
						Present new matters by way of affirmative defenses; or
(5) Oppose or agree to pay the penalty amount
						proposed in the complaint.
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 4 - Issuance of and Response to Complaints › Section 60065.19 - Issues for Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The issues for hearing shall be limited to those raised
						  in the complaint or amended complaint and the response or amended response. If
						  the complaint alleges a repeat violation and the validity of the earlier
						  violation(s) was not contested because of the respondent's failure to file a
						  response/request for hearing, the validity of the earlier violations(s) shall
						  not be at issue.
1. New
						  section filed 9-1-99; operative 10-1-99 (Register 99, No. 36).
2.
						  Amendment of section and NOTE filed 9-4-2003; operative 10-4-2003 (Register
						  2003, No. 36).
Note: Authority cited: Sections
							 39600,
							 39601,
							 42410,
							 43023,
							 43028
							 and
							 43031(a),
							 Health and Safety Code. Reference: Mathews v. Eldridge,
							 424 U.S.
							 319 (1976); and Sections
							 42410,
							 43023,
							 43028
							 and
							 43031(a),
							 Health and Safety Code.
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 4 - Issuance of and Response to Complaints › Section 60065.20 - Cease and Desist Orders; Stays Pending Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the ARB enforcement staff has issued a cease and
						  desist order against the respondent for alleged violations set forth in the
						  complaint, the respondent may request a stay pending hearing from the hearing
						  officer. The hearing officer may grant a stay pending issuance of a hearing
						  officer decision under section
						  60065.39, unless the hearing
						  officer finds that the adverse effects of a stay on the public health, safety
						  and welfare outweigh the harm to those persons directly affected by the lack of
						  a stay. The hearing officer may conduct a hearing or request such submissions
						  by the parties as necessary to obtain information to make a determination on
						  this issue.
1. New
						  section filed 9-1-99; operative 10-1-99 (Register 99, No. 36).
2.
						  Amendment of NOTE filed 9-4-2003; operative 10-4-2003 (Register 2003, No.
						  36).
Note: Authority cited: Sections
							 39600,
							 39601,
							 42410,
							 43023,
							 43028
							 and
							 43031(a),
							 Health and Safety Code. Reference: Mathews v. Eldridge,
							 424 U.S.
							 319 (1976); and Sections
							 42410,
							 43023,
							 43028
							 and
							 43031(a),
							 Health and Safety Code.