1. (a) Notwithstanding any other provision of this article, the council may take official notice in any hearing that it conducts of any generally accepted technical or scientific matter within the council's jurisdiction and of any fact that may be judicially noticed by a court.

   1. (2) Requests for additional information that are not submitted by the council's deadline in the required format or that do not include the required documentation or information shall not be considered for admission.

   (b)(1) A party to an appeal and the Delta Protection Commission may submit a request to the council to take official notice of additional information that was not included in the certifying agency's submitted record to the council. That request, including the documentation or information requested for admission, shall be submitted to the council by the deadline specified by the council for those submittals in the applicable notice.

2. (c) To be considered for admission pursuant to this section, each request for each specific document or information requested to be considered for admission shall include all of the following:

   1. (1) Specification that the request is being submitted pursuant to this section.
   2. (2) The documentation or information that is the subject of the request. Each document or information that is the subject of a request shall be provided as a separate electronic document or file. Multiple documents or information submitted as one electronic file shall not be considered for admission.

   3. (3) Specific evidence that the information requested for admission is of the following:

      1. (A) A generally accepted technical or scientific matter within the council's jurisdiction.
      2. (B) A fact that may be judicially noticed by a court.

Note: Authority cited: Sections 85210 and 85225.30, Water Code. Reference: Section 11515, Government Code.

History

1. New section filed 1-24-24; operative 1-24-24 pursuant to Water Code section 85225.30. Submitted to OAL for filing with the Secretary of State and printing only pursuant to Government Code section 11343.8. (Register 2024, No. 4).