California Code of Regulations › Title 23 - Waters › Division 3 - State Water Resources Control Board and Regional Water Quality Control Boards › Chapter 1.5 - Rules of Practice and Procedure › Article 2 - Adjudicative Proceedings › Section 648 - Laws Governing Adjudicative Proceedings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For
				  purposes of this article, "adjudicative proceeding" means an evidentiary
				  hearing for determination of facts pursuant to which the State Board or a
				  Regional Board formulates and issues a decision.
(b) Incorporation of Applicable Statutes.
				  Except as otherwise provided, all adjudicative proceedings before the State
				  Board, the Regional Boards, or hearing officers or panels appointed by any of
				  those Boards shall be governed by these regulations, chapter 4.5 of the
				  Administrative Procedure Act (commencing with section
				  11400 of
				  the Government Code), sections
				  801-
				  805 of the
				  Evidence Code, and section
				  11513 of
				  the Government Code.
(c) Portions
				  of Administrative Procedure Act Not Applicable. The following articles and
				  sections of chapter 4.5 of the Administrative Procedure Act (commencing with
				  section
				  11400 of
				  the Government Code) are specifically not included in the procedures governing
				  the conduct of hearings before the State Board, any of the Regional Boards, or
				  hearing officers or panels appointed by those Boards:
Article 8. Language Assistance (except that the procedures
					 for language assistance shall apply to an adjudicative proceeding pursuant to
					 Article 6 [commencing with section
					 25299.50] of Chapter 6.75 of
					 Division 20 of the Health and Safety Code)
Article 13. Emergency Decision
Article 14. Declaratory Decision
Article 16. Administrative Adjudication Code of
					 Ethics
Except as provided in subdivision (b) of this section,
					 chapter 5 of the Administrative Procedure Act (commencing with section
					 11500 of
					 the Government Code) does not apply to hearings before the State Board, any of
					 the Regional Boards, or hearing officers or panels appointed by those
					 Boards.
(d) Waiver of
				  Nonstatutory Requirements. The presiding officer may waive any requirements in
				  these regulations pertaining to the conduct of adjudicative proceedings
				  including but not limited to the introduction of evidence, the order of
				  proceeding, the examination or cross-examination of witnesses, and the
				  presentation of argument, so long as those requirements are not mandated by
				  state or federal statute or by the state or federal constitutions.
1. Amendment
					 of article 2 heading and repealer and new section filed 3-26-98 as an interim
					 regulation pursuant to Government Code section
					 11400.20;
					 operative 3-26-98 (Register 98, No. 13). Interim regulations expire 12-31-98
					 unless earlier amended or repealed.
2. Pursuant to Government Code
					 section
					 11400.20(b)(2),
					 interim regulations extended to 3-31-99 by filing of permanent regulations with
					 OAL on 11-25-98. Adoption of permanent regulations disapproved by OAL 1-12-99;
					 resubmitted by the State Water Resources Control Board on 3-10-99; and filed
					 with the Secretary of State on 3-31-99, effective upon filing (Register 99, No.
					 14).
3. Amendment of subsection (c) filed 4-1-2003; operative
					 5-1-2003 (Register 2003, No. 14).
Note: Authority cited: Sections
						185 and
						1058, Water
						Code. Reference: Sections
						183,
						13263 and
						13378, Water
						Code.