California Code of Regulations
Title 23 - Waters
Division 1 - Central Valley Flood Protection Board
Chapter 1 - Organization, Powers and Standards
Article 3 - Application Procedures
Section 13.2 - Evidentiary Hearings Before a Hearing Officer or Committee

Universal Citation: 23 CA Code of Regs 13.2

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) The board President may designate a hearing officer or board committee to conduct evidentiary hearings.

(b) The provisions regarding evidentiary hearings provided for in Sections 13 and 13.1 of the regulations shall apply to hearings before an appointed hearing officer or committee except that the term "board" or "Board President" or "President" shall refer to the "hearing officer or committee."

(c) At the conclusion of a hearing by a designated hearing officer or committee, the hearing officer or committee shall draft proposed findings and a decision.

(1) The proposed findings and decision, along with any evidence admitted at the hearing, shall be transmitted to the board as soon as reasonably possible following the hearing. The board may only consider the proposed findings and decision on consent if there is no objection.

(2) The decision on the matter shall not become final until the board approves or rejects the hearing officer or committee's proposed findings and decision. The board's review of the hearing officer or committee's proposed findings and decision does not re-open the hearing and no new evidence shall be submitted unless allowed by the board President.

1. New section filed 12-1-2009; operative 12-31-2009 (Register 2009, No. 49).
2. Renumbering of former section 13.2 to section 13.3 and new section 13.2 filed 1-9-2014 as an emergency; operative 1-9-2014 (Register 2014, No. 2). A Certificate of Compliance must be transmitted to OAL by 7-8-2014 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 1-9-2014 order, including nonsubstantive amendment of subsection (c), transmitted to OAL 5-29-2014 and filed 7-11-2014 (Register 2014, No. 28).

Note: Authority cited: Section 8571, Water Code; and Section 11400.20, Government Code. Reference: Section 11425.10, Government Code; and Sections 8610.5 and 8732, Water Code.

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