California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 1.25 - Administrative Procedures-Hearings › Article 4 - Administrative Hearing Procedures for Review of Citations › Subarticle 3 - Hearing Officers › Section 60075.13 - Authority of Hearing Officers; Disqualification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) 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 and
						settlement 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.
(b) The hearing officer or the executive
						officer, on a request for reconsideration, shall disqualify himself or herself
						and withdraw from any case in which he or she cannot accord a fair and
						impartial hearing. A hearing officer may not hear any case in which he or she
						has previously served as an investigator, prosecutor, or advocate. Any party
						may request disqualification by filing an affidavit or declaration under
						penalty of perjury. A request for disqualification of the hearing officer must
						be made no later than five days prior to the commencement to the first day of
						hearing on the merits of the case. 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 11-27-91; operative 11-27-91 pursuant to Government Code section
						  11346.2(d)
						  (Register 92, No. 8).
2. Renumbering of former section
						  60075.13 to section
						  60075.20, renumbering of former
						  subarticle 2 to subarticle 3 and renumbering and amendment of former section
						  60075.7 to section
						  60075.13 filed 9-1-99; operative
						  10-1-99 (Register 99, No. 36).
3. Amendment of NOTE filed 9-4-2003;
						  operative 10-4-2003 (Register 2003, No. 36).
Note: Authority cited: Sections
							 39600,
							 39601,
							 42410,
							 43023,
							 43028,
							 43031(a)
							 and
							 44011.6(m),
							 Health and Safety Code. Reference: Mathews v. Eldridge,
							 424 U.S.
							 319 (1976); Sections
							 42410,
							 43023,
							 43028,
							 43031(a)
							 and
							 44011.6,
							 Health and Safety Code; and Sections
							 11181 and
							 11182,
							 Government Code.