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2 <br /> PROCEDURE FOR INFORMATION ITEMS(see also 23 CCR 649 et.seq.) <br /> Information items are items presented to the Regional Board for discussion only and for which no Regional Board action or <br /> vote normally is taken. The Regional Board usually will hear only a presentation by staff,but comments by interested persons <br /> shall also be allowed.Members of the public wishing to address the Regional Board on the topic under discussion should <br /> submit an attendance card beforehand indicating their request to speak to the Regional Board. Comment from the public <br /> should be for clarification or to add to the Regional Board's understanding of the item; such continent must not be testimonial <br /> in nature or argumentative,as speakers are not under oath and the proceeding is not adversarial. Time limits may be imposed <br /> on interested persons. <br /> PROCEDURE FOR CONTESTED AGENDA ITEMS <br /> Contested agenda items are items to which the parties involved have not consented and the staff recommendation <br /> is in dispute. Such items require a public hearing that may be formal or informal,as defined by State regulations. <br /> At a formal hearing evidence is presented by sworn testimony and staff and other designated parties providing <br /> testimony are subject to cross examination. Interested persons may make comments,but may not cross examine <br /> designated parties or be cross examined.At informal hearings all parties provide comments,rather than testimony <br /> under oath,and persons providing comments are not subject to cross examination. Neither formal nor informal <br /> hearings are conducted according to the technical rules of evidence,and the Regional Board will accept any <br /> evidence or testimony that is reasonably relevant. The Notice of Public Hearing will state whether the hearing will <br /> be conducted as an informal hearing,and,unless so noticed,the hearing will be conducted as a formal hearing. <br /> However,a hearing which is noticed as an informal hearing may be converted to a formal hearing at the discretion <br /> of the Regional Board Chair in accordance with the applicable regulations. <br /> Contested agenda items that are adjudicative,not quasi legislative,are governed by the rules for adjudicative proceedings. <br /> Adjudicative proceedings before the State Water Resources Control Board(SWRCB) and the nine regional water quality control <br /> boards(RWQCB)are governed by SWRCB regulations as authorized by chapter 4.5 of the Administrative Procedure Act <br /> (commencing with section 11400 of the Government Code). SWRCB regulations further provide that,with certain exceptions, <br /> adjudicative proceedings will be conducted in accordance with sections 800-805 of the Evidence Code and section 11513 of <br /> Chapter 5 of the Government Code. (Other provisions of chapter 5 do not apply to adjudicative proceedings before the SWRCB <br /> and RWQCB). <br /> SWRCB regulations setting forth the procedures for adjudicative proceedings before the SWRCB and RWQCB are codified in <br /> Division 3 of Title 23 of the California Code of Regulations.A copy of those regulations,as well as a copy of chapter 4.5 of the <br /> Administrative Procedure Act,section 11513 of the Government Code,and sections 801-805 of the Evidence Code can be found <br /> at www.swrcb.ca.gov/water—laws/cawtrede/adcov.doc <br /> An adjudicative proceeding is a hearing to receive evidence for determination of facts pursuant to which the SWRCB or a <br /> RWQCB formulates and issues a decision.A decision determines a legal right, duty,privilege,immunity,or other legal interest <br /> of a particular person or persons. Examples of adjudicative proceedings include hearings to receive evidence concerning the <br /> issuance of waste discharge requirements or National Pollutant Discharge Elimination System(NPDES)permits;concerning <br /> decisions or orders on water right applications,petitions or complaints;concerning cease and desist orders; and concerning <br /> orders setting administrative civil liability. <br /> Rulemaking and informational proceedings,including hearings for the adoption or amendment of regulations,water quality <br /> control plans or state policy for water quality control and hearings to gather information to assist the SWRCB and RWQCB in <br /> formulating policy for future action,are not adjudicative proceedings and are subject to different procedures. (See PROCEDURE <br /> FOR INFORMATION ITEMS,above,and Cal.Code Regs.,title 23, § 649 et.seq.) <br /> When the hearing is formal(as opposed to informal),participants in contested agenda items are either"designated parties"or <br /> other"interested persons". Only designated parties will have the right to cross-examination, and may be subject to cross- <br /> examination. Interested persons—i.e.,nondesignated parties—do not have a right to cross-examination,but may ask the <br /> February 2003 <br />