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§ 1284. Hearings.


Barclays Official California Code of Regulations Currentness
Title 1. General Provisions
Division 2. Office of Administrative Hearings
Chapter 3. Agency Alternatives to Formal Hearings - Alternative Dispute Resolution
Article 4. Model Regulations for Declaratory Decisions
1 CCR § 1284
§ 1284. Hearings.
(a) Hearings. The Agency may direct a hearing to be held in a Declaratory Decision Proceeding whenever the Agency determines such a hearing would be helpful in issuing a Declaratory Decision or to determine if the Person filing the application, the parties, the intervenors, and other Persons directly affected by the Declaratory Decision agree on a set of undisputed facts sufficient to support a meaningful Declaratory Decision; to confirm the matter is not the subject of a pending adjudication; or to verify a genuine controversy exists.
(b) Hearing Procedure. When the Agency determines to hold a hearing, unless an Applicant, party, or intervenor waives the opportunity to be heard, the Agency, the Applicant, the parties, the intervenors and, at the Agency's discretion, any other interested Person, may each be permitted equal time in the discretion of the Agency to make oral presentations. No cross-examination will be permitted. Parties may stipulate to additional facts or information to assist the Agency's understanding of the Situation. The hearing need not be reported by a stenographic reporter, but in that instance a written summary of each oral presentation must be submitted at the hearing.
Note: Authority cited: Sections 11370.5(b) and 11465.70, Government Code. Reference: Sections 11465.10 and 11465.40, Government Code.
1. New section filed 6-24-97; operative 7-1-97 (Register 97, No. 26). This interim regulation is exempt from most of the procedural requirements of the Administrative Procedure Act (specifically, from Articles 5 and 6 of Chapter 3.5, Division 3, Title 2, Government Code) and from review by the Office of Administrative Law pursuant to Government Code sections 11400.20 and 11400.21 and will expire on December 31, 1998, unless earlier terminated or replaced by, or readopted as, permanent following the procedures of the Administrative Procedure Act.
2. Adoption as a permanent regulation, including amendment of Note, filed 12-21-98; operative 1-1-99 pursuant to Government Code section 11343.4(d) (Register 98, No. 52).
This database is current through 7/29/22 Register 2022, No. 30
1 CCR § 1284, 1 CA ADC § 1284
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