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§ 4253. Informal Hearing Before the Board.

19 CA ADC § 4253BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS

Barclays Official California Code of Regulations Currentness
Title 19. Public Safety
Division 4. California Underground Facilities Safe Excavation Board
Chapter 3. Enforcement
Article 2. Enforcement of Violations
19 CCR § 4253
§ 4253. Informal Hearing Before the Board.
(a) An informal hearing before the Board shall be held at a public meeting within 60 business days of the Board's receipt of respondent's request.
(1) If a quorum of the Board cannot be gathered at the public meeting, the Board may consider the matter at the next public meeting where a quorum is present.
(2) If the notice of probable violation does not order any corrective action, the respondent may request staff to reschedule the hearing date. Respondent must submit such a request in writing to staff no later than 15 business days before the scheduled hearing date. Staff will reschedule the hearing only one time, and must reschedule the hearing for a date that is no more than 45 business days after the original hearing date and on which a quorum of the Board is available to conduct the hearing.
(3) At least 15 business days before the hearing, respondent may submit a written response and other records to the notice of probable violation that may support modification or elimination of the penalty or corrective action for the Board's consideration. Respondent must provide a minimum of one original and 12 copies of the original written response to staff, or submit the written response electronically as provided on the Board's website: digsafe.fire.ca.gov. The written response must not exceed 10 pages (excluding exhibits), must be on 8 1/2” x 11” white paper, double-spaced text lines, and minimum 11-point font.
(b) Rules relating to admission of evidence do not apply to the informal hearing. Nevertheless, at the Board's discretion, the Board may exclude evidence that is unduly repetitious, irrelevant, or unreliable.
(c) The informal hearing shall proceed as follows.
(1) Staff may present the basis for the notice of probable violation. The Board may place time limitations, not less than 15 minutes, depending on the complexity of the facts and evidence to make such a presentation to the Board.
(2) After staff's presentation, the respondent may present respondent's reasons for contesting the allegation or reasons that may support a modification or elimination of the penalty or corrective action. The Board may place time limitations, not less than the time afforded to staff to present the basis for the notice of probable violation, depending on the complexity of the facts and evidence to make such a presentation to the Board.
(3) Staff may present a rebuttal to respondent's presentation. The Board may place time limitations, not less than 5 minutes, depending on the complexity of the facts and evidence to make such a rebuttal.
(4) Respondent may present a rebuttal to staff's rebuttal. The Board may place time limitations, not less than the time afforded to staff to present a rebuttal to respondent's presentation, depending on the complexity of the facts and evidence to make such a rebuttal.
(5) The Board may pose questions to staff, respondent, or other witnesses or experts.
(d) At sole cost to the respondent, the respondent may arrange for a stenographer or court reporter to transcribe the informal hearing if transcription by a stenographer or court reporter is feasible at the hearing, and the respondent notifies staff at least 15 business days in advance of the hearing. Respondent shall submit a complete copy of the transcript to the Board.
(e) The Board shall issue a decision or recommendation at the informal hearing or thereafter within 45 business days of the informal hearing, or at the next public meeting where a quorum of the Board is present. The Board shall adopt a written decision or recommendation at the informal hearing or subsequent public meeting. The Board's decision is effective upon the adoption of the written decision.
Note: Authority cited: Section 4216.22, Government Code. Reference: Sections 4216.6, 4216.12 and 4216.19, Government Code.
HISTORY
1. New section filed 5-21-2020; operative 7-1-2020 (Register 2020, No. 21).
This database is current through 11/13/20 Register 2020, No. 46
19 CCR § 4253, 19 CA ADC § 4253
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