California Code of Regulations
Title 14 - Natural Resources
Division 1.5 - Department of Forestry and Fire Protection
Chapter 4 - Forest Practices
Subchapter 7 - Administration
Article 3.2 - Administrative Penalty Hearing Procedures
Section 1057.3 - Hearing Procedures

A hearing shall be conducted within 180 days of the date on which the petitioner was served with the complaint and proposed order provided a timely request for a hearing has been received. The Chairperson of the Board may delegate the conduct of the hearing to a committee of the Board, which shall be composed of at least three (3) members of the Board, or elect to utilize an Administrative Law Judge assigned in accordance with Government Code § 11370.3. If the Chairperson delegates the matter to a committee of the Board, a majority of the committee members shall not have a financial interest in the forest products or range industry. The committee may exercise any power the Board may exercise in any action under this article.

If the matter is heard before the full Board or a committee of the Board, the Chairperson may elect to use an Administrative Law Judge or a representative from the Office of the Attorney General to preside over the hearing. If the matter is to be assigned to an Administrative Law Judge, the Chairperson shall indicate if the Administrative Law Judge is to provide a Proposed Decision for review by the Board, or, in the alternative, if the Decision of the Administrative Law Judge is final. In the event that the matter is delegated to an Administrative Law Judge, the proceedings shall be conducted in accordance with the provisions of Chapter 5 (commencing with § 11500) of Part 1, Division 3, Title 2 of the Government Code.

1. New section filed 11-29-2001; operative 1-1-2002 pursuant to Public Resources Code section 4551.5 (Register 2001, No. 48).

Note: Authority cited: Sections 4551.5 and 4553, Public Resources Code. Reference: Section 11512 et seq. Government Code; and Sections 4601.1 and 4601.2, Public Resources Code.