1. (a) If mediation is terminated or the parties cannot resolve the matter after meeting to discuss the mediator's advisory decision, the parties must notify the Commission in writing within 45 days to initiate the Commission Determination process. In this written communication, the parties shall not transmit a copy of the mediator's advisory decision, briefs, evidence, or other information shared during meditation to the Commission. The parties shall not include information from the mediator's decision in the parties' briefs or arguments as part of the Commission Determination.
2. (b) Upon the parties' notification that they are unable to resolve their dispute through mediation, Chief Counsel of the Commission will designate a Commission attorney or, if a Commission attorney is unavailable, an attorney from the Department of Justice to serve as a hearing officer subject to the same disqualification provisions for mediators set out in section 31009. The hearing officer shall rule on the admission and exclusion of evidence and advise the Commission on matters of law.
3. (c) Hearings will be before a majority of Commissioners and conducted consistent with Chapter 4.5 of the California Administrative Procedure Act, sections 11400, et seq. of the Government Code.
4. (d) A Commissioner who would be disqualified as a mediator on any of the grounds listed in section 31009 must recuse themselves from the hearing. To the extent permitted by law, evidence shall not otherwise be made public to protect records of Native American graves, cemeteries, and sacred places and records of Native American places, features, and objects described in sections 5097.9 and 5097.993 of the Public Resources Code maintained by, or in the possession of, the Commission, and/or another state or local agency. Such evidence includes information related to the location, description, and use of tribal cultural resources as described under section 21082.3 of the Public Resources Code, as well as records that relate to archaeological site information and reports in the possession of the Commission or other state agencies obtained during a consultation process between a California Native American tribe and the state or local agency consistent with section 7927.005 of the Government Code.
5. (e) At the completion of the hearing, the hearing officer shall assist the Commission to prepare a decision that will consider the facts as presented by the parties; the applicable law; tribal traditional knowledge, oral histories, documentation, and testimonies relative to other relevant categories of evidence as provided in Health and Safety Code section 8016(d)(6); restorative justice principles described in section 31013; and the resolution and remedies. The Commission shall issue its final decision within 90 days after the hearing.
6. (f) The Commission's decision constitutes a final administrative remedy. Parties may seek judicial review by filing a case in a California superior court. A petition for review must be filed in a California superior court no later than 30 days after the issuance of the Commission decision.
7. (g) Until the issuance of a Commission decision, the parties shall retain the option and are encouraged to come to an agreement resolving all or part of their dispute.

Note: Authority cited: Section 8016, Health and Safety Code; and Section 5097.94, Public Resources Code. Reference: Section 8016, Health and Safety Code.

History

1. New section filed 3-4-2026; operative 7-1-2026 (Register 2026, No. 10).