1. (a) The Department establishes this article to create rules for informal hearings under the Department's jurisdiction conducted pursuant to Chapter 4.5 of the Administrative Procedure Act (Government Code section 11400 et seq.). This article of the California Code of Regulations is named and can be cited as “CalRecycle Informal Hearing Rules.”
2. (b) This article does not govern formal hearings conducted under Chapter 5 of the Administrative Procedure Act (Government Code sections 11500 through 11529), hearings overseen by local enforcement agency hearing officers and hearing panels, appeals of or petitions to stay decisions by local enforcement agencies, or other hearings conducted by local government entities.
3. (c) This article does not govern emergency actions, including cease-and-desist orders or interim or temporary suspension orders, issued pursuant to express statutory authority.
4. (d) If a regulation in this article contradicts or conflicts with a statute, the statute prevails.
5. (e) In the event of a conflict between this article and any other regulations governing informal hearing procedures under the Department's jurisdiction, this article shall control unless the other regulation requires the hearing to be conducted under Chapter 5 of the Administrative Procedure Act (Government Code sections 11500 through 11529), or the other regulation explicitly states that it is an exception to this article and provides alternative procedures.
6. (f) Except to the extent prohibited by law, a person may waive a right conferred on the person by this article.

Note: Authority cited: Section 11400.20, Government Code; and Sections 14536 and 40502, Public Resources Code. Reference: Sections 11400.20, 11415.40 and 11425.10, Government Code.

History

1. New article 6 (sections 17063.1-17063.32) and section filed 5-12-2026; operative 7-1-2026 (Register 2026, No. 20).