§ 1114. — 1114. (Added by Stats. 2018, Ch. 668, Sec. 1.)

California § 1114.

• Jurisdiction: California
• Code WAT: Water Code - WAT
• Div. 2.: DIVISION 2. WATER
• Part 1.: PART 1. GENERAL PROVISIONS
• Ch. 3.5.: CHAPTER 3.5. State Water Resources Control Board Administrative Hearings Office

Text

(a)
Proposed and final orders in an adjudicative proceeding presided over by a hearing officer from the Administrative Hearings Office shall be prepared in accordance with this section.
(b)
In a proceeding presided over by a hearing officer for administrative civil liability under Section 1847 or 5107, both of the following shall apply:
(1)
Within 90 days after the matter is submitted, the hearing officer shall adopt a final order that meets the requirements of Section 11425.50 of the Government Code. If the hearing officer finds that a delay is required by special circumstances, the hearing officer
shall issue an order delaying the final order for no more than 30 days and specifying the reasons for the delay. Failure of the hearing officer to adopt a final order within the time required shall not prejudice the rights of any party in the case.
(2)
A final order adopted under this subdivision is subject to review as provided in Chapter 4 (commencing with Section 1120).
(c)
In a proceeding presided over by a hearing officer other than a proceeding under subdivision (b), all of the following apply:
(1)
Within 90 days after the matter is submitted, the hearing officer shall prepare a proposed order in a form that meets the requirements of Section 11425.50 of the Government Code and may be adopted by the board as the final order in
the case. If the hearing officer finds that a delay is required by special circumstances, the hearing officer shall issue an order delaying the proposed order for no more than 30 days and specifying the reasons for the delay. Failure of the hearing officer to deliver a proposed order within the time required shall not prejudice the rights of any party in the case. A copy of the proposed order shall be served on all parties to the proceeding and posted on the board’s Internet Web site on the same day that it is provided to the board.
(2)
Within 90 days after receipt of the hearing officer’s proposed order, the board may do any of the following:
(A)
Adopt the proposed order in its entirety.
(B)
Reduce or otherwise
mitigate the proposed administrative civil liability and adopt the balance of the proposed order.
(C)
Make technical or other minor changes in the proposed order and adopt it as the board’s order. Action under this subparagraph is limited to a clarifying change or a change of a similar nature that does not materially change the factual or legal basis of the proposed order.
(D)
Reject the proposed order and remand the case to the same hearing officer if reasonably available, otherwise to another hearing officer from the Administrative Hearings Office, for further proceedings. If the board remands the matter to a hearing officer pursuant to this subparagraph, the hearing officer shall prepare a revised proposed order, as provided in paragraph (1), based upon the record of the
prior hearing and any additional evidence admitted in the proceeding. A copy of the revised proposed order shall be served on all parties to the proceeding and posted on the board’s Internet Web site on the same day it is provided to the board. The board may remand a proceeding pursuant to this subparagraph only once.
(E)
Reject the proposed order, and decide the case upon the record, including the transcript, or upon an agreed statement of the parties, with or without taking additional evidence. By stipulation of the parties, the board may decide the case upon the record without including the transcript. If the board acts pursuant to this subparagraph, all of the following provisions apply:
(i)
The board shall make available a copy of the record to the parties and may require
payment of fees covering only the direct costs of making the copy.
(ii)
The board shall afford the parties the opportunity to present either oral or written argument before the board.
(iii)
The authority of the board to decide a case pursuant to this subparagraph includes the authority to adopt portions of the hearing officer’s recommended order, as provided in subparagraphs (A) to (C), inclusive, while deciding for itself the remaining issues in the case.
(iv)
If the board elects to proceed under this subparagraph, the board shall issue its final order no later than 90 days after rejection of the proposed order, or no later than 90 days after its receipt of the transcript if the board has ordered a transcript of the proceedings
before the hearing officer.
(v)
If the board finds that further delay is required by special circumstances, the board shall issue an order delaying the issuance of its final order by no more than 30 days and specifying the reasons for that delay.
(3)
After 90 days following receipt of the proposed order, if the board fails to act as prescribed in paragraph (2) or fails to issue a rejection under subparagraph (E) of paragraph (2), the proposed order shall be deemed adopted by the board.
(4)
Within 30 days of receipt of the hearing officer’s proposed order, any interested party may submit a written request to the board describing which of the actions authorized by paragraph (2) the party requests
the board to take, including an explanation of the reasons for the party’s request. The board shall consider all requests submitted pursuant to this paragraph when it acts on the hearing officer’s proposed order.
(d)
(1)
The time limits for issuance of a proposed order and board action under this section do not apply to a proceeding that the hearing officer determines to be complex because it involves any of the following:
(A)
Novel and difficult legal or factual issues.
(B)
A large number of parties.
(C)
Numerous witnesses.
(D)
A large amount of documentary evidence.
(E)
Coordination with related proceedings.
(2)
A proceeding is deemed to be complex if it is a reference from a court under Section 2000 or a statutory adjudication under Section 2525.
(3)
If a hearing officer determines a proceeding to be complex, or a proceeding is deemed to be complex pursuant to paragraph (2), the hearing officer shall establish a hearing management plan and monitor the proceeding to ensure timely disposition.

Legislative History

Added by Stats. 2018, Ch. 668, Sec. 1. (AB 747) Effective January 1, 2019.