California Code of Regulations
Title 14 - Natural Resources
Division 7 - Department of Resources Recycling and Recovery
Chapter 5 - Enforcement of Solid Waste Standards and Administration of Solid Waste Facility Permits; Loan Guarantees
Article 2.3 - Board Actions over LEAs
Section 18087 - Process for Board Actions over LEAs
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Notice: Notice of the hearing shall be sent by first-class mail and deposited in the mail at least thirty (30) days prior to the hearing. The notice shall be sent to the LEA's most current address as specified in the completed Form CIWMB 1000 "Notice of Designation of Local Agency" currently on file with the Board. If written notice has been provided the Board that the LEA is represented by an attorney in the proceeding, the notice of the hearing shall additionally be mailed to such attorney.
(b) Public Hearing: The hearing shall be open to the public. The Chair or other presiding officer may provide an opportunity during the hearing for nonevidentiary public comment relevant to the matter being heard by the Board. The Chair or other presiding officer may impose reasonable limitations on the number of public speakers commenting, and on the nature and length of the comment period.
(c) Admission of Evidence: A party shall be afforded the opportunity to present evidence and testimony on all relevant issues. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of the evidence over objection in civil actions.
(d) Final Action by the Board: The Board's decision will consider the severity of the deviation(s) as related to the potential negative impacts on public health, safety or the environment. The Board will announce its decision at the conclusion of the hearing. A written decision will be prepared thereafter, which shall include a statement of the factual and legal basis of the decision. A copy of the written decision shall be sent to the LEA in the same manner as set forth in subsection (a), above, within ten (10) days of the conclusion of the hearing.
1. New section filed 7-25-2002; operative 8-24-2002 (Register 2002, No. 30).
Note: Authority cited: Sections 40502, 43020, 43200, 43214, 43215 and 43216.5, Public Resources Code. Reference: Sections 40500- 40510 and 43200- 43219, Public Resources Code.
