23 CA ADC § 21


      23 CCR s 21

      Cal. Admin. Code tit. 23, s 21


      CALIFORNIA CODE OF REGULATIONS
      TITLE 23. WATERS
      DIVISION 1. RECLAMATION BOARD
      CHAPTER 1. ORGANIZATION, POWERS AND STANDARDS
      ARTICLE 4. ENFORCEMENT PROCEEDINGS
      This database is current through 05/19/06, Register 2006, No. 20.

      s 21. Hearing.

      (a) The respondent shall have the opportunity for a hearing, which must be 
      requested in the respondent's timely response to the notice of enforcement 
      proceeding. Failure to file such response within thirty (30) days of 
      receipt of the notice constitutes a waiver of respondent's right to a 
      hearing.

      (b) The respondent and other parties may request that the board provide a 
      copy of any document, not exempt from disclosure under the Public Records 
      Act, beginning at Government Code section 6521, that is relevant to the 
      enforcement proceedings. The board may charge a reasonable fee for each 
      copy.

      (c) The board may hold the hearing or a partial hearing before a committee 
      of one or more members of the board, or before the General Manager or 
      Chief Engineer, at any place within the state. All hearings must be open 
      to the public. The board President shall designate the hearing officer.

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

      (e) Respondents and other parties shall be mailed a copy of any staff 
      report or recommendations on the enforcement proceedings at least ten (10) 
      days prior to the hearing.

      (f) The hearing officer shall take and make a record of the evidence. The 
      hearing officer shall prepare a proposed decision based upon the record. 
      At a minimum, record must include the following: (1) the notice of 
      enforcement proceeding and all supplementary material; (2) any staff 
      report or analysis; (3) comments or documents submitted by the respondent, 
      protestants, any public agency, or other third person; and (4) the 
      transcript of the hearing.


      


      Note: Authority cited: Section 8571, Water Code. Reference: sections 8596, 
      8608, 8710, 8719, 8730, 8730.2, 8730.3, 8731, 8732, 8732.5 and 8733, Water 
      Code. 


       HISTORY 
         
      1. New section filed 9-30-96; operative 10-30-96 (Register 96, No. 40). 
For
      prior history, see Register 69, No. 25.
      23 CA ADC s 21

      END OF DOCUMENT

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