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 3 - Administrative Hearing Procedures for Review of Complaints › Subarticle 5 - Prehearing Procedures › Section 60065.21 - Scheduling of Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						Upon filing of a complaint issued pursuant to authority granted under Health
						and Safety Code sections
						42410
						and
						43023,
						with OAH, the matter shall be assigned to a hearing officer.
(b) Upon filing of a complaint issued
						pursuant to Health and Safety Code section
						43028,
						the hearing office of the state board shall assign a hearing officer of the
						state board to hear the matter, unless staffing and other resources of the
						hearing office would prevent timely consideration of the matter. If the
						resources of the state board's administrative hearing office prevent
						assignment, the administrative hearing office shall refer the matter to the OAH
						for assignment.
(c) The hearing
						office in which a complaint is filed shall as expeditiously as possible, but no
						later than 30 days after a response/request for hearing to the complaint has
						been filed or 45 days from the date that the complaint was issued if no
						response/request for hearing has been filed, schedule the matter for hearing.
						Except as provided in paragraph (f), below, a hearing shall be scheduled for no
						later than 180 days from the date of issuance of the complaint, unless the
						hearing officer determines, for good cause, that a later hearing date is
						necessary and in the interest of justice.
(d) The hearing office shall deliver or mail
						a notice of hearing to all parties at least 30 days prior to the hearing. The
						notice shall be in the form specified in section
						11509 of
						the Government Code, and shall also provide notice of the availability of
						interpreters pursuant to section
						60065.10 of these rules.
(e) The hearing officer shall grant such
						delays or continuances as may be necessary or desirable in the interest of
						fairly resolving the case.
(1) The hearing
						officer may, on his or her own motion or upon request of any party accompanied
						by a showing of good cause, continue a hearing to another time or
						place.
(2) A party shall apply to
						the hearing officer for a continuance not less than five days prior to the
						scheduled hearing.
(3) When a
						continuance is ordered during a hearing, the hearing officer shall give written
						notice of the time and place of the continued hearing.
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 5 - Prehearing Procedures › Section 60065.22 - Motion to Intervene

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						A person may file a motion to intervene, and the hearing officer may grant such
						a motion if all of the following conditions are satisfied:
(1) The motion is in writing, with copies
						served on all parties named in the complaint.
(2) The motion is made as early as
						practicable prior to the prehearing conference, if one is held, or the first
						day of the hearing on the merits of the complaint.
(3) The motion states facts demonstrating
						that the requesting intervenor's legal rights, duties, privileges, or
						immunities will be substantially affected by the proceeding or that it
						qualifies as an intervenor under a statute or regulation.
(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 3 - Administrative Hearing Procedures for Review of Complaints › Subarticle 5 - Prehearing Procedures › Section 60065.23 - 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 hearing
						and decision:
(1) Any number of proceedings
						involving the same respondent or petitioner; 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 3 - Administrative Hearing Procedures for Review of Complaints › Subarticle 5 - Prehearing Procedures › Section 60065.24 - Prehearing Conference

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						In any action in which the respondent timely responds pursuant to section
						60065.18, the hearing officer may
						require a prehearing conference upon his or her own order or the request of any
						party. A request for a prehearing conference shall be in writing, addressed to
						the hearing officer and served on all parties.
(b) A prehearing conference shall be held no
						later than 30 days after an order of the hearing officer or a request by a
						party, but no later than 90 days from the date of respondent's filing of the
						response to a complaint.
(c) The
						hearing officer may conduct the conference in person or by telephone.
(d) At least ten business days before a
						scheduled conference, each party shall file with the hearing office and serve
						on all other parties a prehearing conference statement which shall contain the
						following information:
(1) Identification of
						all operative pleadings by title and date signed;
(2) The party's current estimate of time
						necessary to try the case;
(3) The
						name of each witness the party may call at hearing along with a brief statement
						of the content of the witness's expected testimony;
(4) The identity of any witness whose
						testimony will be presented by affidavit pursuant to section
						60065.29, if known;
(5) The name and address of each expert
						witness the party intends to call at hearing along with a brief statement of
						the opinion the expert is expected to give. The party shall also attach a copy
						of a current resume for each expert witness;
(6) Whether there is need for an interpreter
						or special accommodation at the hearing;
(7) A list of the documentary exhibits the
						party intends to present at hearing and a description of any physical or
						demonstrative evidence; and
(8) A
						concise statement of any legal issues which may affect the presentation of
						evidence or the disposition of the case.
(9) If the matter is a complaint proceeding,
						the complainant shall specify the proposed penalty and state the basis for that
						penalty. The respondent shall provide all factual information it considers
						relevant to the assessment of a penalty.
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 5 - Prehearing Procedures › Section 60065.25 - Settlement Agreements and Consent Orders

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) At any time before a final decision of
						the hearing officer, the complainant and the respondent may settle an action,
						in whole or in part.
(b) The
						parties may request the assistance of the hearing office in their attempts to
						settle the matters at issue. Upon receiving such a request, the hearing office
						may assign a settlement hearing officer, who is not the same hearing officer
						that has been assigned, to hear the merits of the case, unless the parties
						specifically request in writing the assignment of the latter hearing officer.
						For cases assigned to OAH, OAH may assign administrative law judges from the
						state board to assist in settlement discussions.
(c) The parties shall memorialize any
						agreement in writing.
(d) In a
						complaint proceeding, the hearing officer assigned to hear the merits of the
						case, shall thereafter enter a consent order in accordance with the terms of
						the settlement agreement. Such consent order is not subject to further review
						by the agency or a court.
(e) If
						the filing of the consent order pursuant to paragraph (d) of this section does
						not wholly conclude the action, the hearing officer assigned to hear the merits
						of the case shall promptly inform the parties of the schedule of the remaining
						proceedings.
(f) Unless the parties
						have otherwise consented to use the hearing officer assigned to hear the merits
						of the case in settlement discussions, settlement discussions or offers of
						compromise regarding unresolved issues shall not be discussed with that hearing
						officer. Settlement discussions or offers of compromise shall also not be made
						part of the record of the proceedings.
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); Sections
							 42410,
							 43023,
							 43028
							 and
							 43031(a),
							 Health and Safety Code; and Section
							 11415.60,
							 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 5 - Prehearing Procedures › Section 60065.26 - 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 hearing procedures. However, nothing in this
						section prohibits the parties from voluntarily stipulating to provide discovery
						deemed appropriate. This section does not authorize the inspection or copying
						of, any writing, or thing which is privileged from disclosure by law or
						protected as part of an attorney's work product.
(b) The names and addresses of witnesses;
						inspection and copying of documents and things.
(1) Unless otherwise stipulated to by the
						parties, within 45 days of issuance of a complaint or amended complaint, a
						party may request:
(A) 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
(B) 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 the other party
						and would be admissible in evidence. This includes the following information
						from inspection or investigative reports prepared by, or on behalf of, any
						party that pertain to the subject matter of the proceeding:
(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. For
						purposes of this section, "any thing, document, statement or other writings
						relevant to the issues for hearing that are in the possession, custody, or
						control of the other party" would include those items within the possession,
						custody, or control of a third-party who obtained or used such items while
						acting as a representative, contractor, or agent of the "other
						party."
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 5 - Prehearing Procedures › Section 60065.28 - Witness Lists and Exhibits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						No later than ten days before the scheduled hearing date, the parties shall
						submit to the hearing office and serve upon the other parties:
(1) A list of the names, addresses and
						qualifications of proposed witnesses to be called in making the party's
						case-in-chief and a brief summary of the testimony to be presented by each
						witness; and
(2) Each document or
						other exhibit, the party expects to offer or may offer, if the need arises,
						into evidence in making the party's case-in-chief.
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 6 - Contempt and Sanctions › Section 60065.30 - 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 refuses to respond to a subpoena,
						  subpoena duces tecum, or refuses to take the oath or affirmation as a witness
						  or thereafter refuses to be examined, or is guilty of misconduct during a
						  hearing or in its immediate vicinity as to obstruct the proceedings, the
						  hearing officer may certify the facts to the Superior Court in and for the
						  county where the proceedings are held for contempt proceedings pursuant to
						  Government Code section
						  11455.20.
1. New
						  subarticle 6 (sections
						  60065.30-60065.31) 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
							 11455 and
							 11525,
							 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 6 - Contempt and Sanctions › Section 60065.31 - 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; the failure to comply with a
						discovery request or subpoena; or 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.
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 7 - Hearings › Section 60065.32 - 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 calendar, or may, at the request of a party, or on his or her
						  own motion, issue a default order in a complaint proceeding in accordance with
						  section 60065.38 of this
						  article.
1. New
						  subarticle 7 (sections
						  60065.32-60065.37) and 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 7 - Hearings › Section 60065.33 - Conduct of Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
						hearing shall be presided over by a hearing officer who shall conduct a fair
						and impartial hearing in which each party has a reasonable opportunity to be
						heard and to present evidence.
(b)
						The hearing shall be conducted in the English language.
(c) 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; and
(5) Call and examine an opposing party as if
						under cross-examination, even if that party does not testify on his or her 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 3 - Administrative Hearing Procedures for Review of Complaints › Subarticle 7 - Hearings › Section 60065.34 - Evidence

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Testimony shall
						be taken only under oath or affirmation.
(b) The hearing need not be conducted
						according to technical rules relating to evidence and witnesses. The hearing
						officer shall admit evidence which is the sort of evidence on which responsible
						persons are accustomed to rely in the conduct of serious affairs, regardless of
						the existence of any common law or statutory rule which might make improper the
						admission of such evidence over objection in civil actions, and which is not
						irrelevant, immaterial, unduly repetitious, or otherwise unreliable or of
						little probative value. Hearsay evidence may be used for the purpose of
						supplementing or explaining other evidence, but upon timely objection shall not
						be sufficient in itself to support a finding unless it would be admissible over
						objection in civil actions. The application of these rules shall not affect the
						substantial rights of the parties as provided in the Evidence Code.
(c) The rules of privilege shall be effective
						to the extent that they are otherwise required by statute to be recognized at
						the hearing.
(d) Trade secret and
						other confidential information may be introduced into evidence. The hearing
						officer shall preserve the confidentiality of such information, and may make
						such orders as may be necessary to consider such evidence in a closed meeting,
						including the use of a supplemental order or decision to address matters which
						arise out of that portion of the evidence which is confidential.
(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 3 - Administrative Hearing Procedures for Review of Complaints › Subarticle 7 - Hearings › Section 60065.35 - Evidence by Affidavit or 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 affidavit or declaration which the proponent
						proposes to introduce in evidence, together with a notice as provided in
						subdivision (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
						affiant or declarant the opposing party's right to cross-examine such affiant
						or declarant is waived and the affidavit or declaration, if introduced in
						evidence, shall be given the same effect as if the affiant or declarant had
						testified orally. If an opportunity to cross-examine an affiant or declarant is
						not afforded after request therefore is made as herein provided, the hearing
						officer may allow the affidavit or declaration to be introduced, but if it is
						allowed to be introduced, it shall only be given the same effect as other
						hearsay evidence.
(b) The notice
						referred to in subdivision (a) shall be a separate document concurrently served
						with the affidavit or declaration, entitled "Notice of Intent to Use
						Declaration or Affidavit 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 affidavit or declaration of [insert
						  name of affiant or 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 affiant or declarant unless you notify [insert name of the
						  proponent, representative, agent or attorney] at [insert address] that you wish
						  to cross-examine the affiant or declarant. To be effective, your request must
						  be mailed or delivered to [insert name of proponent, representative, agent or
						  attorney] on or before [insert a date 7 days after the date of mailing or
						  delivery of the affidavit to the opposing party]."
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 7 - Hearings › Section 60065.36 - Exclusion of Witnesses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Upon motion of a party, the hearing officer may exclude
						  from the hearing room any witnesses not at the time under examination; but the
						  parties or their representatives to the proceeding shall not be
						  excluded.
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 7 - Hearings › Section 60065.37 - Oral Argument and Briefs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						Prior to the close of the hearing, the hearing officer may, on his or her own
						motion, or upon motion of a party, grant and determine the length of oral
						argument.
(b) Motions to submit
						written closing argument shall be made prior to the close of the hearing and
						shall be granted at the discretion of the hearing officer upon a determination
						that written argument will be productive and will not unreasonably delay the
						disposition of the proceeding. The hearing officer shall determine the
						appropriate page lengths of all post hearing briefs at the time he or she
						determines that the filing of closing arguments is appropriate. A party shall
						file a written closing brief within 15 working days from the date of the
						hearing. Opposing parties may file a reply brief within 10 working days from
						service of the argument. The hearing officer may extend or reduce the above
						filing dates for submission of written argument for good cause.
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); 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 8 - Decisions of the Hearing Officer › Section 60065.38 - Default Order

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						Upon motion, the hearing officer may find a party to be in default upon
						failure, without good cause to file a timely response to the complaint as
						required under section
						60065.18; to appear at a scheduled
						conference or hearing; or to comply with an order of the hearing
						officer.
(b) For purposes of a
						pending complaint action,
(1) A default by
						respondent shall constitute an admission of all facts alleged in the complaint
						and a waiver of respondent's right to a hearing of the factual
						allegations.
(2) A default by
						complainant shall constitute a waiver of complainant's right to proceed on the
						merits of the action, and shall result in the dismissal of the complaint with
						prejudice.
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 8 - Decisions of the Hearing Officer › Section 60065.39 - Order or Decision of the Hearing Officer After a Complaint Hearing; Rehearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						Unless otherwise ordered, all complaint proceedings shall be submitted at the
						close of the hearing unless otherwise extended by the hearing officer or
						provided in these rules. Within a reasonable period of time after the
						proceeding is submitted, the hearing officer shall make findings upon all facts
						relevant to the issues for hearing, and file an order or decision with the
						reasons or grounds upon which the order or decision was made.
(b) The order or decision shall be in
						writing, signed and dated by the hearing officer deciding the
						proceeding.
(c) The order or
						decision may, based on the findings of fact, affirm, modify or vacate the
						alleged violations set forth in the complaint or the proposed penalty, or
						direct other relief as applicable.
(d) A copy of the order or decision shall be
						served on each party or representative together with a statement informing the
						parties of their right to petition the executive officer, for reconsideration
						of the order or decision pursuant to section
						60065.41 of these rules.
(e)
(1)
						Within five days of the filing of any order or decision, the hearing officer
						may, at the request of any party or on his or her own motion, on the basis of
						mistake of law or fact, issue a modified order or decision correcting a mistake
						or error with respect to any matters determined or covered by the previously
						issued order or decision. If necessary, the hearing officer may schedule
						further proceedings to address the issue(s).
(2) If a request has been filed under this
						subparagraph, the request shall be deemed denied if the hearing officer has
						taken no action to address the request within 15 days of filing of the
						request.
(3) The hearing office
						shall serve a copy of any modified order or decision on each party that had
						previously been served with the original order or decision. The modified order
						or decision shall supersede the previously served order or decision, and the
						date of service of the modified order or decision shall be the effective date
						of the decision and order for purposes of sections
						60065.41 and
						60065.44.
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 8 - Decisions of the Hearing Officer › Section 60065.40 - Penalty Assessment Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In determining penalties for complaints
						issued under Health and Safety Code section
						42410,
						the hearing officer shall consider all relevant circumstances, including, but
						not limited to:
(1) The extent of harm caused
						by the violation;
(2) The nature
						and persistence of the violation;
(3) The length of time over which the
						violation occurs;
(4) The frequency
						of past violations;
(5) The record
						of maintenance;
(6) The unproven or
						innovative nature of the control equipment;
(7) Any action taken by the respondent,
						including the nature, extent, and time of response of the cleanup and
						construction undertaken, to mitigate the violation;
(8) The financial burden to the respondent;
						and
(9) The penalties or range of
						penalties set forth in the underlying rules or regulations that have been
						violated.
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 9 - Reconsideration › Section 60065.41 - Reconsideration by Executive Officer

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A party aggrieved by an order or decision
						of a hearing officer in a complaint proceeding pursuant to section
						60065.39 of these rules may,
						within 20 days of service of such order or decision, request that the executive
						officer reconsider the hearing officer decision with respect to any matters
						covered by the order or decision. The request for reconsideration shall be
						filed with the executive officer and shall be served on all parties and the
						hearing office. The request shall be deemed filed the date it is delivered or
						mailed to the executive officer.
(b) Within 20 days of issuance of an order or
						decision by a hearing officer in a complaint proceeding pursuant to section
						60065.39 of these rules, the
						executive officer may, on his or her own motion, decide to order
						reconsideration of the order or decision of the hearing officer. The executive
						officer shall notify the parties and the hearing office of this
						decision.
1. New
						  subarticle 9 (sections
						  60065.41-60065.42) 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); 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 9 - Reconsideration › Section 60065.42 - Requirements in Filing Request for Reconsideration; Comments Opposing Request

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
						request for reconsideration of a hearing officer order or decision shall be
						signed by the party or its representative and verified under oath. The request
						shall be based upon one or more of the following grounds:
(1) The hearing officer acted without or in
						excess of its powers;
(2) The order
						or decision was procured by fraud;
(3) The order or decision is not supported by
						the evidence or the findings of fact;
(4) The requesting party has discovered new
						material evidence that could not, with reasonable diligence, have been
						discovered and produced at the hearing; or
(5) The hearing officer has misapplied
						applicable law.
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 10 - Final Order or Decision; Judicial Review › Section 60065.43 - Final Order or Decision; Effective Date

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If no request for reconsideration of a
						hearing officer's order or decision is filed within 20 days of the service of
						an order or decision, and no reconsideration has been ordered by the executive
						officer on his or her own motion the order or decision of the hearing officer
						shall become final. The effective date of the final order or decision shall be
						30 days from the date of service of the hearing officer order or decision on
						the parties.
(b) If a request for
						reconsideration has been filed but has been summarily denied because the
						executive officer has not taken any action on the request within 20 days after
						receipt of the request, the underlying hearing officer order or decision shall
						become final. The effective date of the order or decision becoming final shall
						be the date that the order summarily denying the request for reconsideration
						was served on the parties.
(c) If a
						request for reconsideration has not been summarily denied, the order or
						decision of the executive officer that addresses and fully disposes of the
						request for reconsideration is the final order or decision. The effective date
						of the order or decision shall be the date that the decision was served on the
						parties.
1. New
						  subarticle 10 (sections
						  60065.44-60065.45) and section
						  filed 9-1-99; operative 10-1-99 (Register 99, No. 36).
2.
						  Renumbering of former section
						  60065.44 to new section
						  60065.43, including 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 10 - Final Order or Decision; Judicial Review › Section 60065.44 - Judicial Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
						party adversely affected by a final decision of the hearing officer or the
						executive officer on reconsideration, 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. The right to petition shall not be
						affected by the failure to seek reconsideration before the agency. Such
						petition shall be filed within 30 days after the order or decision becomes
						final.
(b) The state board may seek
						to enforce a final order or decision in superior court in accordance with
						applicable law.
1. New
						  section filed 9-1-99; operative 10-1-99 (Register 99, No. 36).
2.
						  Renumbering of former section
						  60065.44 to new section
						  60065.43 and renumbering of former
						  section 60065.45 to section
						  60065.44, including 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); Sections
							 42410,
							 43023,
							 43028
							 and
							 43031(a),
							 Health and Safety Code; and Section
							 1094.5,
							 California Code of Civil Procedure.
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 10 - Final Order or Decision; Judicial Review › Section 60065.45 - Judicial Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						  section filed 9-1-99; operative 10-1-99 (Register 99, No. 36).
2.
						  Renumbering of former section
						  60065.45 to section
						  60065.44 filed 9-4-2003; operative
						  10-4-2003 (Register 2003, No. 36).
Note: Authority cited: Sections
							 39600,
							 39601,
							 43028
							 and
							 43031(a),
							 Health and Safety Code. Reference: Mathews v. Eldridge,
							 424 U.S.
							 319 (1976); Sections
							 43028
							 and
							 43031(a),
							 Health and Safety Code; and Section
							 1094.5,
							 California Code of Civil Procedure.
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 1 - General Provisions › Section 60075.1 - Applicability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
These rules shall govern hearings to review citations
						  issued by the state board pursuant to Health and Safety Code sections
						  42410,
						  43023,
						  43028,
						  43031(a)
						  and
						  44011.6.
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 article 5 to article
						  4 (subarticles 1-13, sections
						  60075.1-60075.47) and amendment of
						  section and NOTE filed 9-1-99; operative 10-1-99 (Register 99, No.
						  36).
3. 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,
							 43031(a)
							 and
							 44011.6(m),
							 Health and Safety Code. Reference: Mathews v. Eldridge,
							 424 U.S.
							 319 (1976); and Sections
							 39674,
							 42401,
							 42402,
							 42402.1,
							 42402.2,
							 42402.3,
							 43008.6,
							 42410,
							 43012,
							 43016,
							 43021,
							 43023,
							 43026,
							 43027,
							 43028,
							 43029,
							 43030,
							 43031(a),
							 43154,
							 43201,
							 43211,
							 43212
							 and
							 44011.6,
							 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 4 - Administrative Hearing Procedures for Review of Citations › Subarticle 1 - General Provisions › Section 60075.3 - 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 these rules, unless
						extended by the hearing officer upon a showing of good cause, and after
						consideration of prejudice to other parties. Requests for extensions of time
						for the filing of any pleading, letter, document, or other writing must be
						received in advance of the date on which the above is due to be filed 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 performed, the day of the
						event from which the designated right or act begins shall be excluded 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.
(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, letter,
						document, or other writing is by mail, overnight delivery, or by facsimile
						transmission (fax), pursuant to section
						60075.4(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
						60075.4(c). Such
						extensions shall not apply to extend the time for requesting a hearing pursuant
						to section
						60075.17 of these rules.
(f) Papers received by the hearing office
						during regular business hours (8 a.m. to 5 p.m.) will be filed on that day.
						Papers received at times other than regular business hours will be filed on the
						next regular business day.
1. New
						  section filed 11-27-91; operative 11-27-91 pursuant to Government Code section
						  11346.2(d)
						  (Register 92, No. 8).
2. Amendment of section and NOTE filed 9-1-99;
						  operative 10-1-99 (Register 99, No. 36).
3. Amendment of subsection
						  (e) and 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); and Sections
							 42410,
							 43023,
							 43028,
							 43031(a)
							 and
							 44011.6,
							 Health and Safety Code.