§ 3009. Procedure for Contested Matters.
2 CA ADC § 3009BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS
Barclays Official California Code of Regulations Currentness
Title 2. Administration
Division 3. State Property Operations
Chapter 1. State Lands Commission
Article 14. Administrative Hearings (Refs & Annos)
2 CCR § 3009
§ 3009. Procedure for Contested Matters.
(a) In the event that a Respondent responds within the 21 Day period specified in section 3004(b) above, the initial hearing date will be vacated and the following procedures apply.
(b) The Enforcement Staff shall prepare a statement of position and Mail a copy to the Respondent and the Advisory Staff. The statement of position will set forth the evidence and argument suggesting the Respondent has violated section 6224.3 of the Public Resources Code. The Enforcement Staff's statement of position shall be Mailed to the Respondent at least thirty (30) Days after service of the Notice of Violation. Except evidence submitted with its response, all evidence and argument the Enforcement Staff wishes the Commission to consider must be submitted with the Enforcement Staff's statement of position.
(c) The Respondent shall complete the Statement of Defense form and provide any other documents, evidence, or arguments the Respondent wishes the Commission to consider within forty-five (45) Days of the Enforcement Staff Mailing its statement of position. The Enforcement Staff's statement of position will notify the Respondent of this deadline.
(d) The Enforcement Staff may prepare a response to the Respondent's Statement of Defense or other evidence and arguments. The Enforcement Staff's response shall be Mailed to the Advisory Staff and Respondent at least forty-five (45) Days prior to the enforcement hearing date.
(e) It is the policy of the Commission to avoid surprise testimony and exhibits. The Enforcement Staff and Respondent must each submit in advance of the hearing all evidence the party would like the Commission to consider. The Presiding Officer shall exclude material not submitted in accordance with these regulations unless there is a showing of good cause and lack of prejudice to the parties. Excluded material will not be considered by the Commission.
(f) On or before the deadlines specified above, the Enforcement Staff and Respondent shall submit:
(1) All evidence the party would like the Commission to consider. Evidence already in the Commission's files may be submitted by reference as long as the location of the evidence in the Commission's files is clearly identified.
(2) All legal and technical arguments or analysis.
(3) The name of each witness (including Commission staff) whom the party intends to call at the hearing, the subject(s) that will be covered by each witness, and the estimated time required by each witness to present their testimony. Witness testimony at the hearing may not exceed the scope of previously-submitted written material.
(4) The qualifications of each expert witness, if any.
(5) The Enforcement Staff may submit evidence of any type stated above with the Enforcement Staff's response if such evidence responds to arguments or evidence raised in the Respondent's arguments or evidence.
(g) The Advisory Staff shall review the timely submitted evidence and argument and prepare a recommended decision and order. The recommended decision and order shall be in writing and shall include:
(1) a copy of the timely submitted arguments and evidence;
(2) a brief summary of (A) any background to the alleged violation, (B) the allegations made by the Enforcement Staff, (C) a list of all allegations either admitted or not contested by the Respondent, (D) any timely submitted defenses and mitigating factors asserted by Respondent, and (E) any argument or evidence in rebuttal to matters raised by the Respondent;
(3) a summary and analysis of all unresolved issues;
(4) a recommended finding of fact;
(5) the amount of any recommended civil penalty, along with any subsequent increase in the amount;
(6) the name of the Respondent required to pay the civil penalty;
(7) the date on which the civil penalty begins;
(8) the recommended text of any Commission orders appropriate under the circumstances, including an injunction to cease and desist conduct, an order to surrender possession of State Land, an order to remove Structures, or an order to restore State Lands.
(9) The date and location of the Commission meeting whereat the Respondent may appear and be heard. If logistical circumstances prevent specifying the precise starting time and/or address of the Commission Meeting, the recommended decision may state the date and city or general location provided the Respondent is notified at least ten (10) Days prior to the hearing of the precise location and start time.
(h) At least thirty (30) Days prior to the enforcement hearing, the Advisory shall Mail the recommended enforcement order to the Respondent, the Presiding Officer, and other members of the Commission.
Note: Authority cited: Sections 6108 and 6224.5 Public Resources Code. Reference: Sections 6224.3, 6224.4 and 6224.5, Public Resources Code.
1. New section filed 9-7-2016; operative 1-1-2017 (Register 2016, No. 37).
This database is current through 1/14/22 Register 2022, No. 2
2 CCR § 3009, 2 CA ADC § 3009
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