Section 3869 - Action on a Petition(a) Following examination of the petition and any necessary portion of the record, the state board or executive director, when acting as the state board's designee, may: (1) refuse to reconsider the action or failure to act of the executive director (state board only), regional board, or executive officer if the petition fails to raise substantial issues that are appropriate for reconsideration;(2) deny the petition upon a finding that the original action or failure to act was appropriate and proper;(3) set aside or modify, if possible, the previous action or take new appropriate action; or(4) direct the executive director (state board only), executive officer, or regional board to take appropriate action.(b) The state board or executive director, if acting as the state board's designee, may augment the record by:(1) requesting additional written material; or(2) holding a public hearing, pursuant to the State Board's hearing regulations (Title 23, California Code of Regulations, Sections 648-648.8). Whenever additional written material is to be added to the record, the state board or executive director, if acting as the state board's designee, shall provide written notification to all interested persons concerning the nature and kind of the additional written material, that the additional material may be viewed and copied at the offices of the state board, and that they shall have 30 days from the date of mailing such notification to file written comments concerning the additional information with the state board.
(c) The state board or executive director, when acting as the state board's designee, may hold action on a petition in abeyance if agreed upon in writing by the petitioner and the applicant (if not the petitioner).(d) An aggrieved person may petition the state board or executive director, when acting as the state board's designee, for a stay of the effect of an action under this Chapter by a regional board, executive officer, or the executive director (state board only). Petitions for a stay are subject to the following requirements: (1) A stay shall be granted only if the petitioner alleges facts and produces proof of: (A) substantial harm to the petitioner or to the public interest if the stay is not granted;(B) lack of substantial harm to other interested persons and the public interest if a stay is granted, or the harm which would result from the stay being granted substantially outweighed by the harm which would occur if no stay is granted; and(C) substantial questions of fact or law regarding the disputed action.(2) A petition for a stay shall be supported by an affidavit from a person or persons having knowledge of the facts alleged. Upon a documented showing by the petitioner that it complies with the prerequisites for a stay, the state board or the executive director (when not the originator of the action in question) may hold a hearing. A request for a stay may be issued or denied without a hearing. If a hearing is held, notice shall be given in such manner and to such persons, in addition to the petitioner, as the board or executive director (when not the originator of the action in question) deems appropriate.(3) Nothing in Subsection 3869(d)(1) of this Chapter shall preclude the state board or executive director, when acting as the state board's designee, from issuing a stay of the effect of an action under this Chapter by a regional board, an executive officer, or the executive director (state board only), upon their own motion. The requirement for an affidavit may be waived by the state board or the executive director (when not the originator of the action in question).Cal. Code Regs. Tit. 23, § 3869
1. Amendment of section heading, repealer and new section, and amendment of NOTE filed 5-25-2000; operative 6-24-2000 (Register 2000, No. 21). Note: Authority cited: Section 1058, Water Code. Reference: 26 USC Section 169, 40 CFR Section 20; 15 USC Section 636, 40 CFR Section 21; 33 USC Section 1341; Sections 7, 183, 186 and 1059, Water Code; and Sections 44533 and 44539, Health and Safety Code.
1. Amendment of section heading, repealer and new section, and amendment of Note filed 5-25-2000; operative 6-24-2000 (Register 2000, No. 21).