1. (a) If specified in statute or upon a request approved by the presiding officer, a case may be conducted solely through written submissions, without a hearing.

2. (b) For a written case, the presiding officer shall issue an order establishing a briefing schedule. The briefing schedule shall include deadlines for the submission of written statements, responses, and replies, as applicable. The following framework shall apply unless the presiding officer determines that a different schedule or process is necessary to ensure fairness, efficiency, or to accommodate the complexity of the case:

   1. (1) No later than 30 days after filing the Notice of Defense, the respondent shall submit a written statement to the CHO and the opposing party. This statement shall identify the legal and factual grounds for challenging the Department's action and may include supporting documentary evidence, declarations, and affidavits.
   2. (2) No later than 15 days after receipt of the respondent's written statement, the Department may submit a response to the CHO, with a copy sent to the respondent. The response may include supporting documentary evidence, declarations, and affidavits.
   3. (3) No later than seven days after receipt of the Department's response, the respondent may submit a written reply to the CHO, with a copy sent to the Department. The reply shall be limited to addressing arguments and evidence raised in the Department's response and shall not introduce new evidence or raise new legal or factual grounds.
   4. (4) Any supporting documentary evidence, declarations, or affidavits submitted with a written statement, response, or reply shall be marked and identified on an exhibit list attached to the filing.
3. (c) The presiding officer may modify the deadlines or procedures outlined in subdivision (b) to accommodate case-specific circumstances, including but not limited to the complexity of the case, the availability of the parties, or the volume of evidence to be submitted. Any modifications shall be specified in the order establishing the briefing schedule.
4. (d) After submission of written arguments, the presiding officer has the authority to request additional information, including testimony.
5. (e) A party may request judicial review of the decision in a written case consistent with section 17063.29.

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).