Section 648.1 - Parties and Other Interested Persons(a) The party or parties to an adjudicative proceeding before the Board shall include the person or persons to whom the agency action is directed and any other person whom the Board determines should be designated as a party. The hearing notice may specify a procedure for designation of the parties to a particular adjudicative proceeding.(b) In a water right proceeding, the party or parties shall include the water right applicant or petitioner, persons who have filed unresolved protests, persons who have filed unresolved objections to a temporary change petition, persons who have filed an unresolved written complaint with the Board concerning the subject matter of the hearing, and any other persons who are designated as parties in accordance with the procedure specified in the hearing notice.(c) Persons who fail to comply with the procedural requirements specified in the hearing notice for participation as parties in a proceeding may be dismissed as parties to the proceeding.(d) The Board or presiding officer may provide an opportunity for presentation of policy statements or comments, either orally or in writing, by interested persons who are not participating as parties in the proceeding. Persons presenting nonevidentiary policy statements will not be subject to cross-examination but may be asked to respond to clarifying questions from the Board, staff, or others, at the discretion of the Board or presiding officer. The criteria and procedures applicable to participation in a Board adjudicative proceeding as an interested person may be established in the hearing notice or by the presiding officer. Interested persons will not normally be required to serve copies of their statements on the parties to the proceeding nor will they normally be allowed to participate in cross-examination. The hearing notice may require that any written policy statements proposed to be submitted to the Board, be submitted prior to the hearing. If the requirement for prior submittal of policy statements applies to persons who address the Board or a subcommittee of the Board at a meeting subject to the Bagley-Keene Open Meeting Act (article 9 [commencing with section 11110] of chapter 1 of article 1 of division 3 of title 2 of the Government Code), the requirement should be included in the notice of the meeting. Interested persons are not entitled to receive service of exhibits, testimony, or other documents served on the parties to the proceeding unless specifically so provided in the hearing notice or by the presiding officer.Cal. Code Regs. Tit. 23, § 648.1
1. Repealer and new section filed 3-26-98 as an interim regulation pursuant to Government Code section 11400.20; operative 3-26-98 (Register 98, No. 13). Interim regulations expire 12-31-98 unless earlier amended or repealed.
2. Pursuant to Government Code section 11400.20(b)(2), interim regulations extended to 3-31-99 by filing of permanent regulations with OAL on 11-25-98. Adoption of permanent regulations disapproved by OAL 1-12-99; resubmitted by the State Water Resources Control Board on 3-10-99; and filed with the Secretary of State on 3-31-99, effective upon filing (Register 99, No. 14). Note: Authority cited: Sections 185 and 1058, Water Code. Reference: Sections 183, 13263, and 13378, Water Code.
1. Repealer and new section filed 3-26-98 as an interim regulation pursuant to Government Code section 11400.20; operative 3-26-98 (Register 98, No. 13). Interim regulations expire 12-31-98 unless earlier amended or repealed.
2. Pursuant to Government Code section 11400.20(b)(2), interim regulations extended to 3-31-99 by filing of permanent regulations with OAL on 11-25-98. Adoption of permanent regulations disapproved by OAL 1-12-99; resubmitted by the State Water Resources Control Board on 3-10-99; and filed with the Secretary of State on 3-31-99, effective upon filing (Register 99, No. 14).