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§ 2050.6. Supplemental Evidence.


Barclays Official California Code of Regulations Currentness
Title 23. Waters
Division 3. State Water Resources Control Board and Regional Water Quality Control Boards
Chapter 6. Review by State Board of Action or Failure to Act by Regional Board
23 CCR § 2050.6
§ 2050.6. Supplemental Evidence.
(a) If any person requests that the state board consider evidence not previously provided to the regional board, that person shall provide a statement that additional evidence is available that was not presented to the regional board or that evidence was improperly excluded by the regional board. Any request by a regional board to present additional evidence shall comply with (a)(1) through (3).
(1) The request to present additional evidence and all supporting arguments shall be provided at the time the petition is filed, or as soon as the evidence becomes available thereafter.
(2) The request to present additional evidence shall include a detailed statement of the nature of the evidence and of the facts to be proved. If the evidence was not presented to the regional board, the person requesting consideration of the evidence shall provide a detailed explanation of the reasons why the evidence could not previously have been submitted. If the person presenting the evidence contends that the evidence was improperly excluded, the request shall include a specific statement of the manner in which the evidence was improperly excluded.
(3) If the state board, in its discretion, approves a request to present additional evidence, the proponent must submit the evidence in writing and must also provide it to the petitioner, the discharger (if not the petitioner) and the regional board. The state board may prescribe a time limit for submission of the additional evidence.
(b) The petitioner may request that the state board conduct a hearing to consider testimony, other evidence, and argument. Such request shall be supported by a summary of contentions to be addressed or evidence to be introduced and a showing of why the contentions or evidence have not been previously or adequately presented. A request to conduct a hearing shall be submitted at the time the petition is filed or as soon as possible thereafter.
Note: Authority cited: Section 1058, Water Code. Reference: Section 13320, Water Code.
1. New section filed 9-23-2003; operative 10-23-2003 (Register 2003, No. 39).
This database is current through 6/17/22 Register 2022, No. 24
23 CCR § 2050.6, 23 CA ADC § 2050.6
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