23 CA ADC § 23


      23 CCR s 23

      Cal. Admin. Code tit. 23, s 23


      CALIFORNIA CODE OF REGULATIONS
      TITLE 23. WATERS
      DIVISION 1. RECLAMATION BOARD
      CHAPTER 1. ORGANIZATION, POWERS AND STANDARDS
      ARTICLE 4.1. RECONSIDERATION
      This database is current through 05/19/06, Register 2006, No. 20.

      s 23. Reconsideration.

      (a) No later than thirty (30) days after adoption by the board of a 
      decision or order, any interested person affected by the decision or order 
      may petition the board for reconsideration of the matter for any of the 
      following causes:

      (1) Irregularity in the proceeding, or any ruling, or abuse of discretion 
      which prevented a fair hearing;

      (2) The decision or order is not supported by substantial evidence;

      (3) There is relevant evidence, which could not have reasonably been 
      produced previously;

      (4) Error in law;

      (5) The application or matter, upon a vote of the Board, failed to be 
      approved, and;

      (A) There were one or more members of the board absent from the 
      proceedings at the time the application or matter was considered and voted 
      upon, except that absences due to abstention shall not be counted; and

      (B) The number of votes by which the application or matter failed to be 
      approved is equal to or less than the number of board members that were 
      absent.

      (b) The petition for reconsideration shall be in writing and contain the 
      following:

      (1) Name and address of petitioner;

      (2) The specific action of which petitioner requests reconsideration;

      (3) The specific reason the action was inappropriate or improper;

      (4) The specific action which the petitioner requests;

      (5) A statement that copies of the petition and accompanying material have 
      been sent to all interested parties.

      (c) The board may:

      (1) Refuse to reconsider the decision or order if the petition fails to 
      raise substantial issues related to the criteria set forth in subdivision 
      (a); or

      (2) After review of the record and the petition:

      (A) Deny the petition upon finding that the decision or order was proper;

      (B) Set aside or modify the decision or order; or

      (C) Take other appropriate action.


      


      Note: Authority cited: Section 8571, Water Code. Reference: Sections 8598, 
      8608 and 8710, Water Code. 


       HISTORY 
         
      1. New article 4.1 (section 23) and section filed 9-30-96; operative 
      10-30-96 
      (Register 96, No. 40). For prior history, see Register 85, No. 26.
      23 CA ADC s 23

      END OF DOCUMENT

      (C) Copyright 2006, Result Oriented Marketing, Inc.
      For Further Assistance Visit : www.mcmillanlaw.us and www.fearnotlaw.com