23 CA ADC § 13


      23 CCR s 13

      Cal. Admin. Code tit. 23, s 13


      CALIFORNIA CODE OF REGULATIONS
      TITLE 23. WATERS
      DIVISION 1. RECLAMATION BOARD
      CHAPTER 1. ORGANIZATION, POWERS AND STANDARDS
      ARTICLE 3. APPLICATION PROCEDURES
      This database is current through 05/19/06, Register 2006, No. 20.

      s 13. Hearings.

      (a) Hearings shall be held on an application in the following 
      circumstances:

      (1) Upon written request of the applicant;

      (2) When approval requires a variance to the board's standards;

      (3) When any person files a written protest conforming to the requirements 
      of section 12 and requests a hearing;

      (4) When the authority to approve the activity has not been delegated to 
      the General Manager;

      (5) Upon the board's own motion.

      (b) The applicant and other parties may request in writing that the board 
      provide a copy of any document, not exempt from disclosure under the 
      Public Records Act, beginning at Government Code section 6251, that is 
      relevant to any proceeding. The board may charge a reasonable fee for each 
      copy.

      (c) The board may hold a hearing or a partial hearing at any place within 
      the state on its own initiative or on the request of the applicant. All 
      hearings must be open to the public. The board President may designate a 
      hearing officer. The board may require the applicant to pay all or part of 
      the expenses of any hearing not located in the County of Sacramento, if 
      the hearing is moved from Sacramento at the request of the applicant. 
      These expenses may include, but are not limited to the following:

      (1) Traveling expenses of the board, officers, and employees of the board;

      (2) Expenses of stenographic reporting and transcribing evidence; and

      (3) A proportionate allowance, according to their usual rate of 
      compensation, for the time of members, officers, and employees of the 
      board required for the hearing.

      (d) Written notice of the hearing shall be mailed to the applicant and 
      each other party at least ten (10) days prior to the date of the hearing.

      (e) Applicants shall be notified of the staff recommendations on the 
      application at least seven (7) days prior to the hearing, unless this 
      period is waived by the applicant. Adjacent landowners shall also be 
      notified of staff recommendations at least seven (7) days prior to the 
      hearing if they have responded in writing to the notice sent pursuant to 
      section 9(b) of this article. Protestants shall be notified of the staff 
      recommendations at least seven (7) days prior to the hearing.

      (f) The board President may implement additional administrative procedures 
      for the conduct of hearings and related proceedings. This authority may be 
      redelegated to the General Manager.


      


      Note: Authority cited: Section 8571, Water Code. Reference: Sections 6253 
      and 11125, Government Code; and Sections 8710, 8730.2, 8731, 8732, 8732.5, 
      8734 and 8735, Water Code. 


       HISTORY 
         
      1. New section filed 9-30-96; operative 10-30-96 (Register 96, No. 40).
      23 CA ADC s 13

      END OF DOCUMENT

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