Section 2052 - Action on a Petition(a) The state board may: (1) At any time, refuse to review the action or failure to act of the regional board if the petition fails to raise substantial issues that are appropriate for review, or(2) After review of all or part of the regional board's records pertaining to the matter, including the transcript of any hearing held by the regional board:(A) Deny the petition upon a finding that the action or failure to act of the regional board was appropriate and proper or that the petition fails to raise substantial issues that are appropriate for review; or(B) Set aside or modify the regional board order; or(C) Direct the regional board to take appropriate action.(b) The executive director may, on behalf of the state board, refuse to review the action or failure to act of the regional board if the petition fails to raise substantial issues that are appropriate for review. The executive director's refusal to review a petition shall be in writing.(c) Before taking final action, the state board may, in its discretion, hold a hearing for the purpose of oral argument or receipt of additional evidence or both. (1) If a hearing is held, the state board shall give reasonable notice of the time and place and of the issues to be considered to the petitioner, the discharger (if not the petitioner), the regional board, any interested persons who have filed a response to the petition pursuant to section 2050.5 and such other persons as the board deems appropriate.(2) If a hearing is held, the state board in its discretion may require that all interested parties intending to participate shall submit to the state board in writing the name of each witness who will appear, together with a statement of the qualifications of each expert witness, the subject of the proposed testimony, and the estimated time required by the witness to present his direct testimony. The state board may also require that copies of proposed exhibits be supplied to all parties and to the state board.Cal. Code Regs. Tit. 23, § 2052
1. Amendment filed 1-9-74; effective thirtieth day thereafter (Register 74, No. 2).
2. New subsection (c) filed 6-26-75; effective thirtieth day thereafter (Register 75, No. 26.
3. Amendment of subsection (b) and new subsection (d) filed 3-16-79 as an emergency; effective upon filing (Register 79, No. 11).
4. Certificate of Compliance filed 7-13-79 (Register 79, No. 28).
5. Amendment of section heading and section filed 9-23-2003; operative 10-23-2003 (Register 2003, No. 39). Note: Authority cited: Section 1058, Water Code. Reference: Section 13320, Water Code.
1. Amendment filed 1-9-74; effective thirtieth day thereafter (Register 74, No. 2).
2. New subsection (c) filed 6-26-75; effective thirtieth day thereafter (Register 75, No. 26.
3. Amendment of subsection (b) and new subsection (d) filed 3-16-79 as an emergency; effective upon filing (Register 79, No. 11).
4. Certificate of Compliance filed 7-13-79 (Register 79, No. 28).
5. Amendment of section heading and section filed 9-23-2003; operative 10-23-2003 (Register 2003, No. 39).