The record of an enforcement hearing shall consist of the following unless they do not exist:
(a) the Notice of Violation and the Enforcement Staff's statement of position including all documents referred to in the documents;
(b) the Advisory Staff's recommended decision and order, including all documents referred to therein;
(c) the Respondent's Statement of Defense form and other timely submitted evidence and argument;
(d) Evidence and argument submitted by the Respondent but excluded from the record, along with the reasons why such evidence was excluded;
(e) minutes of all Commission enforcement hearings on the matter or a transcript of the proceedings;
(f) evidence submitted by the Respondent, or presented by Commission staff at the enforcement hearing if admitted by the Presiding Officer and not already included above;
(g) the final decision and order approved by the Commission;
(h) any statutes, regulations, or other legal authorities or precedents relied on by the Commission or the Respondent; and
(i) any other information or documents considered or relied on by the Commission in the matter.
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, § 3015, 2 CA ADC § 3015