Section 1058.2 - Hearing Procedures-Use of Board Hearing Procedure and Sequence(a) The Board shall conduct the petition hearing under this article in accordance with the provisions of Chapter 5 (commencing with § 11500) of Part 1, Division 3, Title 2 of the Government Code. The hearing procedure is intended to satisfy due process and public policy requirements in a manner that is simpler and more expeditious than hearing procedures otherwise required by statute.(b) The hearing shall normally proceed in the following manner:(1) Identification of any written material submitted to the Board prior to the hearing;(2) Statements on behalf of the petitioner and submission of evidence;(3) Cross Examination of petitioner's statements;(4) Statements on behalf of the Director and submission of evidence;(5) Cross Examination of Director's statements;(6) Rebuttal on behalf of the petitioner;(7) Rebuttal on behalf of the Director;(8) Closing statements on behalf of petitioner and Director;(9) Motion to close the hearing.(c) Notwithstanding the above, the Chairperson or the Chairperson's designee (Board member) for the purposes of conducting the hearing may, in the exercise of discretion, determine the order of the proceedings.(d) The Chairperson or the Chairperson's designee (Board member) shall have the authority to impose reasonable and equitable time limits upon statements and presentations and to accept written statements in lieu of oral statements. Any written statements shall be submitted to the Board at least ten days prior to the hearing.Cal. Code Regs. Tit. 14, § 1058.2
1. New section filed 11-29-2001; operative 1-1-2002 pursuant to Public Resources Code section 4551.5 (Register 2001, No. 48). Note: Authority cited: Sections 4551.5 and 4553, Public Resources Code. Reference: Section 11512(d), Government Code; and Sections 4601.1 and 4601.2, Public Resources Code.
1. New section filed 11-29-2001; operative 1-1-2002 pursuant to Public Resources Code section 4551.5 (Register 2001, No. 48).