California Code of Regulations
Title 19 - Public Safety
Division 1 - State Fire Marshal
Chapter 14 - Hazardous Liquid Pipeline Safety
Article 6 - Enforcement Proceedings
Section 2072 - Hearing

(a) A request for a hearing in response to a notice of probable violation issued under Section 2071.3, or an order directing amendment under Section 2071.1, or a corrective action order issued under Section 2073.3 must be accompanied by a statement of the issues which the respondent intends to raise at the hearing. The issues may relate to the alleged violations, new information or to the proposed compliance order or proposed civil penalty amount or to the corrective action order. A respondent's failure to specify an issue may result in waiver of his right to raise that issue at the hearing. The respondent's request may also indicate whether or not the respondent will be represented by counsel at the hearing. The respondent may withdraw a request for a hearing in writing and provide a written response.

(b) In such circumstances as deemed appropriate by the Division, and only if the respondent concurs, a telephone conference may be held in lieu of a hearing.

(c) The Office of State Fire Marshal shall designate a Presiding Official for the hearing.

(d) Time and place of the hearing. The Presiding Official will set the date, time and location of the hearing. To the extent practicable, the Presiding Official will accommodate the parties' schedules when setting the hearing. Reasonable notice of the hearing will be provided to all parties.

(e) Powers and duties of Presiding Official. The Presiding Official will conduct a fair and impartial hearing and take all action necessary to avoid delay in the disposition of the proceeding and maintain order. The Presiding Official has all powers necessary to achieve those ends, including, but not limited to the power to:

(f) Pre-hearing submissions. If the Division or the respondent intends to introduce material, including records, documents, and other exhibits not already in the case file, the material must be submitted to the Presiding Official and the other party at least ten (10) days prior to the date of the hearing, unless the Presiding Official sets a different deadline or waives the deadline for good cause.

(g) Written transcripts. If either party elects to transcribe a hearing, they must make arrangements with a court reporter at their cost and submit a complete copy of the transcript to the Division for the case file. The respondent must notify the Presiding Official in advance if it intends to transcribe a hearing.

(h) Conduct of the hearing. The hearing is conducted informally without strict adherence to rules of evidence. The respondent may submit any relevant information and material and call witnesses on their behalf. The respondent may examine the evidence and witnesses against them. No detailed record of a hearing is prepared.

(i) Post-hearing submission. The respondent and the Division may also request an opportunity to submit further written material after the hearing for inclusion in the case file. The presiding official shall allow a reasonable time for the submission of the material and shall specify the date by which it must be submitted. If the material is not submitted within the time prescribed, the case shall proceed to final action without the material.

(j) Preparation of decision. After submission of all materials during and after the hearing, the presiding official shall prepare a written recommendation as to final action in the case. This recommendation, along with any material submitted during and after the hearing, shall be included in the case file which is forwarded to the State Fire Marshal for final administrative action.