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§ 1212. Rights of Parties, Record and Basis for Decision.

20 CA ADC § 1212Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 20. Public Utilities and Energy
Division 2. State Energy Resources Conservation and Development Commission (Refs & Annos)
Chapter 2. Rules of Practice and Procedure
Article 3. General Provisions Applicable to Adjudicative Proceedings
20 CCR § 1212
§ 1212. Rights of Parties, Record and Basis for Decision.
Currentness
(a) Rights of Parties. Subject to the presiding member's authority to regulate a proceeding as prescribed in section 1210, and other rights identified in specific proceedings, each party shall have the right to call and examine witnesses, to offer oral and written testimony under oath, to introduce exhibits, to cross-examine opposing witnesses on any matters relevant to the issues in the proceeding, and to rebut evidence.
(b) Hearing Record.
(1) The “hearing record”, in an adjudicatory proceeding, shall contain:
(A) all documents, materials, or testimony received into evidence by the committee or commission at a hearing;
(B) public comment, including comments from other government agencies, offered orally at a hearing, or written comments received into the record at a hearing;
(C) any materials or facts officially noticed by the committee or commission at a hearing;
(D) all transcripts of evidentiary hearings; and
(E) for siting cases, subject to 1212(b)(3), staff's Final Staff Assessment and any timely filed supplemental assessments.
(2) Parties may move to exclude information from the hearing record on the ground that it is not relevant, is duplicative of information already in the record, or on another basis. If the presiding member grants such a motion, the information shall be excluded from the hearing record. While the hearing need not be conducted according to technical rules relating to evidence and witnesses, questions of relevance and the inclusion of information into the hearing record shall be decided by the presiding member after considering fairness to the parties, hearing efficiency, and adequacy of the record.
(3) In a siting case, if a party requests a staff witness be present to sponsor specific portions of the Final Staff Assessment, or any supplemental assessments, and no witness is made available for questioning, the relevant portions of the staff assessment or supplemental assessments at issue shall be treated as comment and shall not be sufficient, in and of itself, to support a finding by the commission.
(c) Basis for and Contents of Decisions.
(1) Decisions in adjudicative proceedings shall be based on the evidence in the hearing record, explain the basis for the decision, and shall include but need not be limited to all legally-required findings of fact and conclusions of law.
(2) A finding may be based on any evidence in the hearing record, if the evidence is the sort of information on which responsible persons are accustomed to relying on in the conduct of serious affairs. Such evidence does not include, among other things, speculation, argument, conjecture, and unsupported conclusions or opinions. The committee or commission shall give appropriate weight to information in the record as allowed by law.
(3) Hearsay evidence may be used for the purpose of supplementing or explaining other evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objections in civil actions.
(4) Public comments and briefs filed by parties in an adjudicative proceeding, as prescribed in section 1208, may be considered by the committee or commission, but shall not be sufficient in themselves to support a finding. The committee or commission may rely on public comment, standing alone, to support a finding if the committee or commission provides notice of its intent to rely upon such comment at the time the comment is presented, other parties are provided an opportunity to question the commenter, and parties are given a reasonable opportunity, as ordered by the presiding member, to provide rebuttal evidence.

Credits

Note: Authority cited: Section 25218(e), Public Resources Code. Reference: Section 25210, Public Resources Code; and Section 11513, Government Code.
History
1. Amendment of subsection (b) filed 1-11-83; designated effective 2-1-83 pursuant to Government Code Section 11346.2(d) (Register 83, No. 3).
2. Amendment of subsection (c) filed 3-8-2002; operative 4-7-2002 (Register 2002, No. 10).
3. Repealer and new section filed 12-21-2015; operative 1-1-2016 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 52).
4. Amendment filed 12-5-2018; operative 1-1-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 49).
This database is current through 4/12/24 Register 2024, No. 15.
Cal. Admin. Code tit. 20, § 1212, 20 CA ADC § 1212
End of Document