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§ 17057. Hearing.

14 CA ADC § 17057Barclays Official California Code of Regulations

Barclays California Code of Regulations

Title 14. Natural Resources

Division 7. Department of Resources Recycling and Recovery

Chapter 1. General Provisions

Article 5. Unreliable Contractors, Subcontractors, Borrowers and Grantees

14 CCR § 17057

§ 17057. Hearing.

Currentness

The appeal to the board will be heard at a board meeting according to the following guidelines. The board has the right to augment these guidelines with specific time frames and procedures to fit within the board's agenda deadlines and meeting format. The appellant may request that the hearing be conducted in closed session to the extent authorized by law and shall indicate the basis for such a request.

(a) The board shall schedule a hearing within 60 days from the appellant's request for hearing.

(b) Prior to the hearing, board staff will inform appellant of the date for the hearing and provide a copy of the agenda item. The appellant's request for appeal will be included in the agenda item. Appellant may submit additional information for consideration at the board meeting.

(c) The hearing need not be conducted according to the technical rules relating to civil procedure, evidence and witnesses which would apply in a court of law.

(d) The hearing shall not be governed by the Administrative Procedure Act, Government Code sections 11340 et. seq.

(e) The Chairman of the Board may limit evidence and presentations to the issues relevant to the appeal.

(f) There may be a presentation by board staff and/or attorneys and a presentation by appellant and/or its attorneys.

(g) Oral testimony offered by any witness shall be under oath.

(h) The attorneys for the board and appellant shall not cross examine each other's witnesses.

(i) Rebuttal testimony may be offered.

(j) After considering all presentations and evidence, the board shall vote to uphold or overturn the proposed finding of unreliability made by the Executive Director. A vote to uphold the finding means that the appellant will be added to the Unreliable List for up to three years from the date of the board meeting. A vote to overturn the Executive Director's finding means that the appellant will not be added to the Unreliable List. In the case of a tie vote, the appellant shall not be added to the Unreliable List.

Credits

Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40505, 41956, 42010(c), 42846(a) and (b), 42872, 42882, 43230, 45000(c), 47200(a), 48021(b), 48100, 48101, 48631, 48632, 48643, 48655 and 48690, Public Resources Code; and Section 12166, Public Contracts Code.