California Code of Regulations
Title 23 - Waters
Division 1 - Central Valley Flood Protection Board
Chapter 1 - Organization, Powers and Standards
Article 4.1 - Reconsideration
Section 30 - Reconsideration

Universal Citation: 23 CA Code of Regs 30

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

(a) No later than thirty (30) calendar days after adoption by the board of a decision or order, other than an enforcement order, any interested person affected by the decision or order may petition the board for reconsideration of the matter based on any of the following reasons:

(1) Irregularity in the proceeding, or any ruling, or abuse of discretion which prevented a fair hearing;

(2) The decision or order is not supported by substantial evidence;

(3) There is relevant evidence, which could not have reasonably been produced previously; or

(4) Error in law.

(b) The petition for reconsideration shall be in writing and contain the following:

(1) Name and address of petitioner;

(2) The specific action of which petitioner requests reconsideration;

(3) The specific reason the action was inappropriate or improper;

(4) The specific action which the petitioner requests;

(5) A statement that copies of the petition and accompanying material have been sent to all interested parties.

(c) The board, in its sole discretion, may:

(1) Refuse to reconsider the decision or order;

(2) Deny the petition upon finding that the decision or order was proper;

(3) Set aside or modify the decision or order; or

(4) Take other appropriate action.

(e) Any person seeking judicial review of a permit issued by the board must first seek reconsideration. If the permit is upheld or modified upon reconsideration, it may then be subject to judicial review.

(f) Enforcement orders are not subject to reconsideration by the board, but are subject to judicial review pursuant to Water Code Section 8579.

1. Renumbering of former section 28 to new section 30, including amendment of subsection (a) and new subsections (e) and (f), 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 A Certificate of Compliance must be transmitted to OAL by 7-8-2014 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 1-9-2014 order transmitted to OAL 5-29-2014 and filed 7-11-2014 (Register 2014, No. 28).

Note: Authority cited: Section 8571, Water Code. Reference: Sections 8598, 8608 and 8710, Water Code.

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