Section 337.14 - Presiding Officer; Hearing Procedure(a) In the case where the dam owner requests a hearing, the department shall schedule the hearing before a presiding officer who shall exercise all powers relating to the conduct of the hearing.(b) The department may designate an ALJ from OAH to serve as a presiding officer under this section. Or, the department may designate an impartial person within the department to serve as a presiding officer under this section, but the presiding officer, and any advisors to the presiding officer, shall not be the same department person who issued the Notice of Violation or administrative complaint and shall not have served as an investigator, prosecutor, or advocate in any stage of the enforcement proceeding.(c) In the cases where the department designates an ALJ from OAH to serve as the presiding officer, the hearing shall be conducted and the decision shall be issued in accordance with Chapter 4.5 (commencing with section 11400) and Chapter 5 (commencing with section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. In accordance with Government Code section 11445.20, subdivision (c), the department may designate these cases for an informal hearing under Article 10 of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code (commencing with Government Code section 11445.10). When determining whether to designate a case for informal hearing, the department shall consider the significance and complexity of any issues in dispute and the need to create an administrative record. Any proposed and final decisions issued after a hearing authorized by this subsection may include any of the orders authorized by section 337.28, subsections (a)(1)--(a)(6).(d) In cases where the department designates a person other than an ALJ from OAH, the requirements in sections 337.16 through 337.28 apply to the procedures by which the department conducts a hearing, except that the presiding officer may waive or modify the requirements for good cause.(e) The designation of the presiding officer and any waiver or modifications of hearing procedures or requirements authorized under subsection (d) shall be made in full consideration of the requirements of due process and fundamental fairness to the parties.Cal. Code Regs. Tit. 23, § 337.14
1. New section filed 9-19-2022; operative 9-19-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 38). Note: Authority cited: Section 6078, Water Code. Reference: Sections 6428, 6429, 6431 and 6432, Water Code.
1. New section filed 9-19-2022; operative 9/19/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 37).