California Code of Regulations › Title 14 - Natural Resources › Division 5.5 - California Coastal Commission › Chapter 5 - Coastal Development Permits Issued by Coastal Commissions › Subchapter 8 - Procedures for the Issuance of Commission Cease and Desist Orders › Section 13185 - Procedure for Hearing on Proposed Cease and Desist Order

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A hearing on a proposed cease and desist order shall
					 proceed in the following manner:
(a)
				  the Chair shall announce the matter, ask all alleged violators or their
				  representatives present to identify themselves for the record, indicate what
				  matters are already part of the record, and announce the rules of the
				  proceeding including (1) any imposition pursuant to subsection (b) of time
				  limits for presentations to be made by the staff, the alleged violator(s), and
				  the public at the hearing and (2) the right of any speaker to propose to the
				  Commission before the close of the hearing any question(s) for any
				  Commissioner, in his or her discretion, to ask of any other speaker;
(b) the Chair may impose time limits based on
				  the circumstances of the alleged violation(s), the number of other items
				  contained on the meeting agenda, the number of persons who intend to speak, and
				  such other factors as the Chair believes relevant;
(c) the staff shall summarize its violation
				  investigation and proposed findings with particular attention to issues which
				  remain in controversy;
(d) each
				  alleged violator may present its position(s) on the matter(s) relevant to the
				  alleged violation or proposed order with particular attention to those issue(s)
				  where an actual controversy exists between the staff and the party(ies).
				  Presentation of evidence that could not have been set forth in a statement of
				  defense form pursuant to section
				  13181 at the time of submittal may
				  be grounds for a determination by the commission, in its discretion, (1) to
				  trail the matter to later in the same day; (2) to postpone the matter to a
				  later day of the same meeting; or (3) to continue the matter to a subsequent
				  meeting;
(e) other speakers may
				  speak concerning the matter;
(f)
				  the chair shall close the public hearing after the staff, all alleged
				  violators, and the public have completed their presentations, except that the
				  chair may allow staff to respond to particular points raised by other
				  speakers;
(g) commissioners may ask
				  questions, including any question(s) proposed by any speaker under authority
				  granted pursuant to subsection (a), of any speaker at any time during the
				  hearing or deliberations;
(h) the
				  commission shall deliberate and determine, by majority vote of those present
				  and voting, whether to issue a cease and desist order either in the form
				  recommended by the executive director or as amended by the
				  commission.
1. New
					 section filed 8-4-92; operative 9-3-92 (Register 92, No. 32).
2.
					 Amendment of subsections (d) and (f) filed 7-30-2019; operative 1-1-2020
					 pursuant to Government Code section
					 11343.4(b)(2)
					 (Register 2019, No. 31).
3. Amendment of subsection (d) filed
					 11-27-2019; operative 1-1-2020 (Register 2019, No.
					 48).
Note: Authority cited: Section
						30333,
						Public Resources Code. Reference: Section
						30810,
						Public Resources Code.