1. (a) Unless otherwise specified by the Department in a notice or accusation issued pursuant to section 18980.13.3, all administrative hearings shall be conducted by the Department as informal hearings and heard by the Director or a hearing officer designated by the Director according to Article 10 of Chapter 4.5 (commencing with section 11445.10) of Part 1 of Division 3 of Title 2 of the Government Code. Notwithstanding the foregoing, the procedures and requirements set forth in section 11505 and section 11506 of the Government Code shall apply to any hearing conducted under this division.
2. (b) A respondent may submit to the Department a request for a hearing to contest the imposition of penalties or other disciplinary action within fifteen (15) days of being served an accusation pursuant to subdivision (c) of section 18980.13.3. Failure to submit a timely hearing request shall waive the right to a hearing.
3. (c) Within fifteen (15) days of receipt of a respondent's written request for a hearing pursuant to subdivision (b), the director or hearing officer shall provide the respondent with a written notice setting forth the procedures that will govern the hearing, including, at a minimum, procedures relating to the use and admissibility of oral and written testimony, depositions, subpoenas and witnesses, discovery, and other forms of evidence.
4. (d) After conducting a hearing on the merits, or if no hearing is requested, the Department may take any disciplinary or remedial action authorized under the Act, including those described in section 18980.13.5.

Note: Authority cited: Sections 40401, 40502 and 42060, Public Resources Code. Reference: Sections 42041, 42080 and 42081, Public Resources Code.

History

1. New section filed 5-1-2026; operative 5-1-2026 pursuant to Government Code section 11343.4(b)(3) (Register 2026, No. 19).