1. (a) The CalRecycle Informal Hearing Rules do not create a right to a hearing where not already provided by law. The Department is only required to file a statement of issues or statement of charges where the relevant statute or regulation expressly provides for an informal administrative hearing based on the Department's action.

2. (b) Where the Department has denied the granting, issuing, or renewing of a right, authority, license, certificate, registration, or privilege, the Department shall issue a statement of issues to the respondent.

   1. (1) The statement of issues shall be a written document specifying the statutes and regulations with which the respondent shall show compliance by producing proof at the hearing.

   2. (2) The respondent has the burden to prove their fitness and qualifications for a right, authority, license, certificate, registration, or privilege by a preponderance of the evidence.

      1. (A) The Department has revoked, suspended, limited, or conditioned an existing right, authority, license, certificate, registration, privilege, or stewardship plan.
      2. (B) The Department has assessed an administrative civil penalty.
      3. (C) The Department seeks to recover funds paid to a program participant by the Department.
      4. (D) The Department has ordered restitution.
      5. (E) The Department seeks to remove a respondent from a list of compliant entities or add a respondent to a list of noncompliant entities.

      (c)(1) The Department shall issue a statement of charges, such as an accusation, citation, or notice of violation, to the respondent in disciplinary proceedings, which include the following circumstances:

   3. (2) The statement of charges shall be a written document setting forth in ordinary and concise language the acts or omissions with which the respondent is charged, such that the respondent may prepare a defense.
   4. (3) The statement of charges shall specify the statutes and regulations the respondent is alleged to have violated and shall provide the factual basis for believing each violation occurred.
   5. (4) The Department has the burden to prove the allegations within the statement of charges by a preponderance of the evidence.

3. (d) The statement of issues or statement of charges shall do all of the following:

   1. (1) Be served in accordance with section 17063.12 to the mailing address(es) on file with the Department, or electronically with the respondent's consent.
   2. (2) Inform the respondent of the right to a hearing and that Chapter 5 of the Administrative Procedure Act does not apply to the proceeding.
   3. (3) Include a copy of Government Code section 11425.10 and a citation to the CalRecycle Informal Hearing Rules.
   4. (4) Include a document to serve as the respondent's “Notice of Defense,” as detailed in section 17063.4.

4. (e) At any time before the matter is submitted for decision, the Department may file an amended or supplemental pleading under subdivisions (b) and (c) of this rule.

   1. (1) All parties shall receive notice of the filing.
   2. (2) If the amended or supplemental pleading presents new charges, the Department shall afford the respondent a reasonable opportunity to prepare a defense to the new charges but shall not require additional hearing days unless the presiding officer in their discretion so orders.
   3. (3) Any new charges shall be deemed controverted, and any objections to the amended or supplemental pleading shall be noted in the record.

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).