§ 337.18. Continuance of Hearing.
23 CA ADC § 337.18Barclays Official California Code of RegulationsEffective: September 19, 2022
Effective: September 19, 2022
23 CCR § 337.18
§ 337.18. Continuance of Hearing.
(3) The request shall identify any previous requests to continue the matter and shall contain a statement of all facts the party contends constitute good cause to continue the matter. The presiding officer has the discretion to waive the requirement for a written request or consider a written request submitted after the time period prescribed in subsection (a)(2) upon a showing of additional good cause.
(5) If the presiding officer continues the hearing, the presiding officer shall provide notice to the parties at least three (3) calendar days before the scheduled hearing, unless providing that notice is infeasible because the presiding officer waived the seven (7) calendar day time period specified in subsection (a)(2) in accordance with subsection (a)(3).
(b) A dam owner's failure to appear at the time and place of the hearing that was continued under this section 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 continued hearing was due to circumstances beyond the dam owner's reasonable control or otherwise demonstrates good cause for failing to appear, the presiding officer shall reschedule the continued hearing, and the department shall not issue a final order due to the dam owner's failure to appear at the continued hearing.
Credits
Note: Authority cited: Section 6078, Water Code. Reference: Sections 6428, 6429, 6431 and 6432, Water Code.
History
1. New section filed 9-19-2022; operative 9-19-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 38).
This database is current through 6/21/24 Register 2024, No. 25.
Cal. Admin. Code tit. 23, § 337.18, 23 CA ADC § 337.18
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