Cal. Code Regs. Tit. 14, § 13185 - Procedure for Hearing on Proposed Cease and Desist Order

A hearing on a proposed cease and desist order shall proceed in the following manner:

(a) the Chair shall announce the matter, ask all alleged violators or their representatives present to identify themselves for the record, indicate what matters are already part of the record, and announce the rules of the proceeding including (1) any imposition pursuant to subsection (b) of time limits for presentations to be made by the staff, the alleged violator(s), and the public at the hearing and (2) the right of any speaker to propose to the Commission before the close of the hearing any question(s) for any Commissioner, in his or her discretion, to ask of any other speaker;
(b) the Chair may impose time limits based on the circumstances of the alleged violation(s), the number of other items contained on the meeting agenda, the number of persons who intend to speak, and such other factors as the Chair believes relevant;
(c) the staff shall summarize its violation investigation and proposed findings with particular attention to issues which remain in controversy;
(d) each alleged violator may present its position(s) on the matter(s) relevant to the alleged violation or proposed order with particular attention to those issue(s) where an actual controversy exists between the staff and the party(ies). Presentation of evidence that could not have been set forth in a statement of defense form pursuant to section 13181 at the time of submittal may be grounds for a determination by the commission, in its discretion, (1) to trail the matter to later in the same day; (2) to postpone the matter to a later day of the same meeting; or (3) to continue the matter to a subsequent meeting;
(e) other speakers may speak concerning the matter;
(f) the chair shall close the public hearing after the staff, all alleged violators, and the public have completed their presentations, except that the chair may allow staff to respond to particular points raised by other speakers;
(g) commissioners may ask questions, including any question(s) proposed by any speaker under authority granted pursuant to subsection (a), of any speaker at any time during the hearing or deliberations;
(h) the commission shall deliberate and determine, by majority vote of those present and voting, whether to issue a cease and desist order either in the form recommended by the executive director or as amended by the commission.

Notes

Cal. Code Regs. Tit. 14, § 13185

Note: Authority cited: Section 30333, Public Resources Code. Reference: Section 30810, Public Resources Code.

1. New section filed 8-4-92; operative 9-3-92 (Register 92, No. 32).
2. Amendment of subsections (d) and (f) filed 7-30-2019; operative 1-1-2020 pursuant to Government Code section 11343.4(b)(2) (Register 2019, No. 31).
3. Amendment of subsection (d) filed 11-27-2019; operative 1-1-2020 (Register 2019, No. 48).

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