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§ 3012. Enforcement Hearing Procedure.

2 CA ADC § 3012Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 2. Administration
Division 3. State Property Operations
Chapter 1. State Lands Commission (Refs & Annos)
Article 14. Administrative Hearings
2 CCR § 3012
§ 3012. Enforcement Hearing Procedure.
Enforcement hearings shall proceed in the following manner:
(a) The Commission Chairperson or acting Chairperson shall serve as the Presiding Officer. The Presiding Officer shall announce the matter and ask all Respondents and/or their authorized agents present to identify themselves for the record.
(b) The Presiding Officer may impose time limits for presentations by the Enforcement Staff, the Respondent, and the public at the hearing. The Presiding Officer may administer oaths to all witnesses.
(c) The Enforcement Staff shall summarize the law, facts, and evidence supporting staff's position. The Enforcement Staff may present their position on the recommended enforcement order.
(d) Each Respondent shall summarize its positions on the matters relevant to the alleged violation or recommended decision and order with particular attention matters in dispute.
(e) The Presiding Officer and Commissioners may ask questions at any time during the hearing or deliberations.
(f) The Commission may continue an enforcement hearing if, circumstances or fairness so dictate, which may include, but are not limited to, impossibility for the parties to attend, ongoing negotiations with a high probability of resolving the violation, or evidence is admitted under section 3009(e) above which requires further analysis or affects the recommended decision and order.
(g) The Presiding Officer shall close the public hearing after the Enforcement Staff, the Respondent, and any additional speakers have completed their presentations.


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 3/17/23 Register 2023, No. 11.
Cal. Admin. Code tit. 2, § 3012, 2 CA ADC § 3012
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