SITE INFORMATION AND CORRESPONDENCE

Home Browse Search

• • 2 PROCEDURE FOR INFORMATION ITEMS(see also 23 CCR 649 et.seq.) Information items are items presented to the Regional Board for discussion only and for which no Regional Board action or vote normally is taken. The Regional Board usually will hear only a presentation by staff,but comments by interested persons shall also be allowed.Members of the public wishing to address the Regional Board on the topic under discussion should submit an attendance card beforehand indicating their request to speak to the Regional Board. Comment from the public should be for clarification or to add to the Regional Board's understanding of the item;such comment must not be testimonial in nature or argumentative,as speakers are not under oath and the proceeding is not adversarial. Time limits may be imposed on interested persons. PROCEDURE FOR CONTESTED AGENDA ITEMS Contested agenda items are items to which the parties involved have not consented and the staff recommendation is in dispute. Such items require a public hearing that may be formal or informal,as defined by State regulations. At a formal hearing evidence is presented by sworn testimony and staff and other designated parties providing testimony are subject to cross examination. Interested persons may make comments,but may not cross examine designated parties or be cross examined.At informal hearings all parties provide comments,rather than testimony under oath,and persons providing comments are not subject to cross examination. Neither formal nor informal hearings are conducted according to the technical rules of evidence,and the Regional Board will accept any evidence or testimony that is reasonably relevant. The Notice of Public Hearing will state whether the hearing will be conducted as an informal hearing,and,unless so noticed,the hearing will be conducted as a formal hearing. However, a hearing which is noticed as an informal hearing may be converted to a formal hearing at time discretion of the Regional Board Chair in accordance with the applicable regulations. Contested agenda items that are adjudicative,not quasi legislative,are governed by the rules for adjudicative proceedings. Adjudicative proceedings before the State Water Resources Control Board(SWRCB)and the nine regional water quality control boards(RWQCB)are governed by SWRCB regulations as authorized by chapter 4.5 of the Administrative Procedure Act (commencing with section 11400 of the Government Code). SWRCB regulations further provide that,with certain exceptions, adjudicative proceedings will be conducted in accordance with sections 800-805 of the Evidence Code and section 11513 of Chapter 5 of the Government Code.(Other provisions of chapter 5 do not apply to adjudicative proceedings before the SWRCB and RWQCB). SWRCB regulations setting forth the procedures for adjudicative proceedings before the SWRCB and RWQCB are codified in 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 Administrative Procedure Act,section 11513 of the Government Code,and sections 801-805 of the Evidence Code can be found at www.swrcb.ca.gov/water_laws/cawtrcde/adcov.doe An adjudicative proceeding is a hearing to receive evidence for determination of facts pursuant to which the SWRCB or a RWQCB formulates and issues a decision.A decision determines a legal right,duty,privilege,immunity,or other legal interest of a particular person or persons.Examples of adjudicative proceedings include hearings to receive evidence contemning the issuance of waste discharge requirements or National Pollutant Discharge Elimination System(NPDES)permits;concerning decisions or orders on water right applications,petitions or complaints;concerning cease and desist orders;and concerning orders setting administrative civil liability. Rulemaking and informational proceedings,including hearings for the adoption or amendment of regulations,water quality control plans or state policy for water quality control and hearings to gather information to assist the SWRCB and RWQCB in formulating policy for future action,are not adjudicative proceedings and are subject to different procedures.(See PROCEDURE FOR INFORMATION ITEMS,above,and Cal.Code Regs.,title 23, § 649 et.seq.) When the hearing is formal(as opposed to informal),participants in contested agenda items are either"designated parties"or other"interested persons". Only designated parties will have the right to cross-examination,and may be subject to cross- examination. Interested persons—i.e.,nondesignated parties—do not have a right to cross-examination,but may ask the October 2001