1. (a) As used in this article, the following definitions apply:

   1. (1) “Business day” means all days except Saturdays, Sundays, and official California State Holidays.
   2. (2) “Case” means an application to seek review of a Department decision eligible for an informal administrative hearing. A case includes all stages of the informal adjudicative process, from filing a Notice of Defense to issuing a written decision, dismissal, or withdrawal of the Notice of Defense.
   3. (3) “CHO” means the CalRecycle Hearing Office.
   4. (4) “Day” means a calendar day, unless otherwise specified.
   5. (5) “Director” means the Director of the Department of Resources Recycling and Recovery.
   6. (6) “Discovery” means the process of requesting and disclosing information and evidence that is relevant to the case as conducted pursuant to section 17063.13.
   7. (7) “Document” means any pleading, motion, brief, memorandum, notice, or other paper filed in a case before the CHO.
   8. (8) “Ex parte communications” means communications as defined in Government Code section 11430.10.
   9. (9) “Good cause” means a reason found by the presiding officer to be legally sufficient.
   10. (10) “Hearing” means an informal adjudicative proceeding on the merits of the case.
   11. (11) “Motion” means a written or oral request that the presiding officer take some action.
   12. (12) “Proof of service” means a signed statement that a document was served on the parties consistent with section 17063.11.
   13. (13) “Protective order” means a ruling issued by the presiding officer to prevent the disclosure of sensitive information or to regulate how information is disclosed during the case.
   14. (14) “Record” means all documents and evidence about a case submitted to the CHO by a party to the case, including any item contained in the oral hearing record or written record, and any information submitted but not admitted into evidence. The term also includes all final written correspondence concerning the case between the CHO and the parties, including letters, orders, and the hearing transcript.
   15. (15) “Relevant evidence” means any evidence, including evidence relevant to the credibility of a witness or hearsay declarant, tending to prove or disprove any disputed fact, document, or other evidentiary item that is of significance to the case.
   16. (16) “Representative” means any individual who is at least 18 years of age and chosen by a party to represent that party in a case before the CHO. A person whose only function is to interpret for a party to a case is not a representative.
   17. (17) “Respondent” means any person against whom a statement of issues or statement of charges is filed.
   18. (18) “Rule” means a section of the CalRecycle Informal Hearing Rules.
   19. (19) “Service” of a document or to “serve” a document means to send or deliver it as outlined in section 17063.12.
2. (b) These definitions supplement those in Government Code sections 11405.10 through 11405.80.

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

History

1. New section filed 5-12-2026; operative 7-1-2026 (Register 2026, No. 20).