Section 3712.2 - Petition for Review of a Final Office of Enforcement Decision by the State Water Board(a) The applicant, operator, provisional operator, or operator-in-training being disciplined may petition the State Water Board for a review of the Final Office of Enforcement Decision. The petition shall be in writing and shall be received no later than 30 days after the date of the Final Office of Enforcement Decision.(b) A petition for review by the State Water Board shall contain:(1) the name, address, telephone number, and email address (if available) of the petitioner;(2) a copy of the Final Office of Enforcement Decision that the petitioner is requesting the State Water Board to review;(3) a full and complete statement of the reasons why the Final Office of Enforcement Decision is erroneous, inappropriate, or improper; and(4) the specific action the petitioner seeks from the State Water Board.(c) The petition shall be sent to the State Water Board Chair, with copies sent to the Chief Counsel of the State Water Board, and the Director of the Office of Enforcement.(d) If the petitioner requests that the State Water Board consider evidence not previously provided to the Director of the Office of Enforcement, the request must include a statement that additional evidence is available that was not presented to the Director. The request to present additional evidence shall include a copy of the evidence and a detailed statement of the nature of the evidence and of the facts to be proved. The request also shall provide a detailed explanation of the reasons why the evidence could not have been submitted previously. A request to consider additional evidence shall be submitted at the time the petition is filed or as soon as the evidence becomes available.(e) The petitioner may request that the State Water Board conduct a hearing to consider testimony, other evidence, and argument. The request shall be supported by a summary of contentions to be addressed or evidence to be introduced and a showing of why the contentions or evidence have not been previously or adequately presented. A request to conduct a hearing shall be submitted at the time the petition is filed or as soon as possible thereafter.(f) Service of a petition may be made by U.S. mail, hand delivery, facsimile with hard copy to follow, or by e-mail by prior arrangement with hard copy to follow. [In the case of service by facsimile, only the petition itself shall be sent. All exhibits shall be included with the hard copy.] The petition shall be received by the State Water Board no later than 5:00 p.m., 30 days following the date of the Final Office of Enforcement Decision, except that if the 30th day following the date of the Final Office of Enforcement Decision falls on a Saturday, Sunday, or state holiday, the petition must be received by the State Water Board no later than 5:00 p.m. on the first business day following.Cal. Code Regs. Tit. 23, § 3712.2
1. New section filed 1-28-2013; operative 4-1-2013 (Register 2013, No. 5). Note: Authority cited: Section 1058, Water Code. Reference: Section 13627, Water Code.
1. New section filed 1-28-2013; operative 4-1-2013 (Register 2013, No. 5).