Cal. Code Regs. tit. 20, § 1233.3
Complaint; Adjudication and Hearing.
Effective Jan 1, 2019Register 2018, No. 49Authority cited: Sections 25213 and 25218(e), Public Resources Code. Reference: Section 11180, Government Code; and Sections 25210, 25321, 25534.1, 25362, 25900, 25967 and 25983, Public Resources Code.State of California
- (a) No sooner than 30 days after filing the answer under section 1233.2, the chair shall schedule the complaint to be considered at a hearing, as set forth in Chapter 2 of Article 1 of Title 20. For complaints seeking civil penalties under Public Resources Code section 25534.1, a hearing before the commission will be conducted within 60 days after service on the respondent.
- (b) At the hearing, the commission may take any action under its authority including, but not limited to, dismissing the complaint, ruling on the complaint, establishing a committee to further investigate, or scheduling additional hearings.
- (c) If a committee is established or if future hearings are scheduled, a hearing order shall be filed by the presiding member identifying information regarding the proceeding including, but not limited to, the schedule for hearings, whether the hearings will be before a hearing officer, committee or the commission, whether provisions of Government Code section 11400 et seq. are applicable to the proceeding, information required from the parties, and other relevant information.
- (d) Any person or entity may provide oral and written comments in the proceeding, pursuant to a schedule adopted by the presiding member, but, unless otherwise allowed by the presiding member, shall not be entitled to intervene or otherwise become a party to the proceeding.
Note: Authority cited: Sections 25213 and 25218(e), Public Resources Code. Reference: Section 11180, Government Code; and Sections 25210, 25321, 25534.1, 25362, 25900, 25967 and 25983, Public Resources Code.
History
1. New section filed 12-21-2015; operative 1-1-2016 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 52).
2. Amendment of section heading, section and Note filed 12-5-2018; operative 1-1-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 49).