Home Table of Contents

§ 13. Evidentiary Hearings.


Barclays Official California Code of Regulations Currentness
Title 23. Waters
Division 1. Central Valley Flood Protection Board
Chapter 1. Organization, Powers and Standards
Article 3. Application Procedures (Refs & Annos)
23 CCR § 13
§ 13. Evidentiary Hearings.
(a) Except where approval of permits has been delegated to the Executive Officer pursuant to section 5, an evidentiary hearing shall be held for any matter that requires the issuance of a permit.
(b) The requirement for an evidentiary hearing may be satisfied for permit applications by placing the matter on the board's consent calendar in accordance with Section 13.3.
(c) Evidentiary hearings shall be conducted pursuant to the procedures in Section 13.1.
(d) The applicant and other parties may request in writing that the board provide a copy of any document, not exempt from disclosure under the Public Records Act, beginning at Government Code section 6251, that is relevant to any proceeding. The board may charge a reasonable fee for each copy.
(e) The board may hold a hearing or a partial hearing at any place within the state on its own initiative or on the request of the applicant. All hearings must be open to the public. The board may require the applicant to pay all overtime pay expenses incurred for any hearing not located in the County of Sacramento, if the hearing is moved from Sacramento at the request of the applicant.
(f) Written notice of the hearing shall be provided to the applicant at least ten (10) calendar days prior to the date of the hearing. The notice shall include the following:
(1) The name and number assigned to the application, if any;
(2) A description of the application and its proposed location;
(3) The date, time, and place at which the hearing will be held;
(4) A statement that the hearing will be governed by this Article, and that a copy of the governing procedures will be provided to the applicant upon request;
(5) A statement that Chapter 5 of the Administrative Procedure Act (commencing with section 11500) shall not apply to the proceeding; and
(6) A statement that if the applicant or any of the applicant's witnesses do not proficiently speak or understand English, the applicant may request language assistance by contacting the board and making such request within a reasonable amount of time prior to the hearing to allow appropriate arrangements to be made. The President may direct the applicant to pay for the cost of the interpreter based upon an equitable consideration of all the circumstances of each case, such as the ability of the party in need of the interpreter to pay.
(g) Applicants shall be notified of the staff recommendations on the application at least seven (7) calendar days prior to the hearing, unless this period is waived by the applicant. Adjacent landowners shall also be notified of staff recommendations at least seven (7) calendar days prior to the hearing if they have responded in writing to the notice sent pursuant to section 9(b) of this article. Protestants shall be notified of the staff recommendations at least seven (7) calendar days prior to the hearing.
(h) Notice to an applicant's representative as designated on the completed permit application form shall constitute notice to the applicant.
(i) The board President may implement additional administrative procedures for the conduct of hearings and related proceedings.
(j) For purposes of this section, minor alterations pursuant to section 6(e) and minor amendments to a previously issued permit shall not require an evidentiary hearing.
Note: Authority cited: Section 8571, Water Code; and Section 11400.20, Government Code. Reference: Sections 6253, 11125 and 11425.10, Government Code; and Sections 8710, 8730.2, 8731, 8732, 8732.5, 8734 and 8735, Water Code.
1. New section filed 9-30-96; operative 10-30-96 (Register 96, No. 40).
2. Amendment of section heading, section and Note filed 12-1-2009; operative 12-31-2009 (Register 2009, No. 49).
3. Amendment of subsections (a), (f), (g) and (h) filed 2-15-2012; operative 2-15-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 7).
4. Amendment of subsections (b) and (e), repealer of subsection (f), subsection relettering and amendment of newly designated subsections (g)(6) and (j) 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.
5. Certificate of Compliance as to 1-9-2014 order transmitted to OAL 5-29-2014 and filed 7-11-2014 (Register 2014, No. 28).
This database is current through 6/24/22 Register 2022, No. 25
23 CCR § 13, 23 CA ADC § 13
End of Document