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§ 648.5. Order of Proceedings.


Barclays Official California Code of Regulations Currentness
Title 23. Waters
Division 3. State Water Resources Control Board and Regional Water Quality Control Boards
Chapter 1.5. Rules of Practice and Procedure
Article 2. Adjudicative Proceedings
23 CCR § 648.5
§ 648.5. Order of Proceedings.
(a) Adjudicative proceedings shall be conducted in a manner as the Board deems most suitable to the particular case with a view toward securing relevant information expeditiously without unnecessary delay and expense to the parties and to the Board. Adjudicative proceedings generally will be conducted in the following order except that the chairperson or presiding officer may modify the order for good cause:
(1) An opening statement by the chairperson, presiding member, or hearing officer, summarizing the subject matter and purpose of the hearing;
(2) Identification of all persons wishing to participate in the hearing;
(3) Administration of oath to persons who intend to testify;
(4) Presentation of any exhibits by staff of the State or Regional Board who are assisting the Board or presiding officer;
(5) Presentation of evidence by the parties;
(6) Cross-examination of parties' witnesses by other parties and by Board staff assisting the Board or presiding officer with the hearing;
(7) Any permitted redirect and recross-examination;
(b) Questions from Board members or Board counsel to any party or witness, and procedural motions by any party shall be in order at any time. Redirect and recross-examination may be permitted.
(c) If the Board or the presiding officer has determined that policy statements may be presented during a particular adjudicative proceeding, the presiding officer shall determine an appropriate time for presentation of policy statements.
(d) After conclusion of the presentation of evidence, all parties appearing at the hearing may be allowed to present a closing statement.
Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Section 11126, Government Code.
1. Repealer and new section filed 3-26-98 as an interim regulation pursuant to Government Code section 11400.20; operative 3-26-98 (Register 98, No. 13). Interim regulations expire 12-31-98 unless earlier amended or repealed.
2. Pursuant to Government Code section 11400.20(b)(2), interim regulations extended to 3-31-99 by filing of permanent regulations with OAL on 11-25-98. Adoption of permanent regulations disapproved by OAL 1-12-99; resubmitted by the State Water Resources Control Board on 3-10-99; and filed with the Secretary of State on 3-31-99, effective upon filing (Register 99, No. 14).
This database is current through 6/24/22 Register 2022, No. 25
23 CCR § 648.5, 23 CA ADC § 648.5
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