California Code of Regulations
Title 23 - Waters
Division 2 - Department of Water Resources
Chapter 1 - Dams and Reservoirs
Article 7 - Administrative Enforcement
Section 337.16 - Notice of Hearing (Non-OAH Cases)

Universal Citation: 23 CA Code of Regs 337.16

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

(a) In cases where a department official serves as the presiding officer, the department shall schedule a hearing and provide notice to the dam owner as set forth in this section. Hearings will be conducted in Sacramento, unless the dam owner provides the presiding officer good cause, in writing, to schedule the hearing at an alternate location in California or to schedule a virtual hearing. The presiding officer may decide, for good cause, to schedule the hearing at a location other than Sacramento or to conduct a virtual hearing.

(b) The department shall serve a notice of hearing to the dam owner at least thirty (30) calendar days prior to the hearing, except as provided in subsection (c).

(c) If the department determines that the provision of a 30-day notice poses an unreasonable risk to public safety or welfare, the department may provide a shorter notice period, but in all cases the original notice of hearing must provide a minimum of ten (10) calendar days' notice prior to the hearing.

(d) The notice of hearing shall include the following:

(1) The date, time, and place at which the hearing will be held.

(2) A statement that the hearing will be governed by this article.

(3) A statement that if the dam owner does not proficiently speak or understand English, the dam owner may request language assistance by contacting the department within a reasonable amount of time prior to the hearing to allow appropriate arrangements to be made. For notices issued under subsection (b), the dam owner must make the request for assistance at least fifteen (15) calendar days before the hearing, and for notices issued under subsection (c), the dam owner must make the request for assistance at least five (5) calendar days before the hearing. The presiding officer may direct the department or the dam owner to pay for the costs of the interpreter. The presiding officer's decision to direct payment shall be based upon an equitable consideration of all the circumstances in each case, such as the ability of the dam owner to pay for the costs of the interpreter.

(4) A copy of the administrative complaint.

(5) A statement regarding whether the pre-submittal of materials will be required, as described in section 337.20, subsection (b), and if so, a description of the pre-submittal requirements.

(e) In the case where a dam owner submits a timely request for a hearing, and a hearing is scheduled, a dam owner's failure to appear at the time and place of the hearing constitutes a waiver of the request for hearing and the department will be authorized to issue a final decision as described in section 337.12, subsection (b). Notwithstanding the preceding sentence, if the dam owner demonstrates that failing to appear at the scheduled hearing was due to circumstances beyond the dam owner's reasonable control or otherwise demonstrates good cause for failing to appear and requests that the hearing be rescheduled, the presiding officer shall reschedule the hearing, and the department shall not issue a final decision due to the dam owner's failure to appear at the hearing initially scheduled.

1. New section filed 9-19-2022; operative 9-19-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 38).

Note: Authority cited: Section 6078, Water Code. Reference: Sections 6428, 6429, 6431 and 6432, Water Code.

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