1. (a) Within 15 days after service of a copy of the decision on a party, the party may file a motion for the CHO to correct a clerical error in the decision.

   1. (1) Clerical errors include any of the following:

      1. (A) Typographical errors in names, dates, statutory citations, or mathematical calculations.
      2. (B) Unintended omissions of information like restitution or civil penalty amounts.
   2. (2) The motion shall state the specific grounds for which correction is sought and how correction will clarify the presiding officer's original intent and ensure the accuracy of the record.
   3. (3) Copies of the motion shall be served on all parties.
   4. (4) A motion for correction is not a prerequisite for seeking judicial review.
   5. (5) A motion for correction shall not seek reconsideration of the decision.

2. (b) A CHO hearing officer shall grant or deny the motion.

   1. (1) If the motion is granted, the decision may be reissued with modifications, or the matter may be set for further proceedings to clarify the record.
   2. (2) If the motion is denied, a written order shall be issued and become part of the record.
3. (c) Nothing in this section precludes the presiding officer or Director, on their own motion, from modifying the decision to correct a clerical error. Any modification shall be made before the decision's effective date.
4. (d) Within five business days after correcting a clerical error in the decision, the CHO shall serve a copy of the correction on each party to the case.

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).