Section 1233.3 - Complaint; Adjudication and Hearing(a) No sooner than 30 days after filing the answer under section 1233.2, the chair shall schedule the complaint to be considered at a hearing, as set forth in Chapter 2 of Article 1 of Title 20. For complaints seeking civil penalties under Public Resources Code section 25534.1, a hearing before the commission will be conducted within 60 days after service on the respondent.(b) At the hearing, the commission may take any action under its authority including, but not limited to, dismissing the complaint, ruling on the complaint, establishing a committee to further investigate, or scheduling additional hearings.(c) If a committee is established or if future hearings are scheduled, a hearing order shall be filed by the presiding member identifying information regarding the proceeding including, but not limited to, the schedule for hearings, whether the hearings will be before a hearing officer, committee or the commission, whether provisions of Government Code section 11400 et seq. are applicable to the proceeding, information required from the parties, and other relevant information.(d) Any person or entity may provide oral and written comments in the proceeding, pursuant to a schedule adopted by the presiding member, but, unless otherwise allowed by the presiding member, shall not be entitled to intervene or otherwise become a party to the proceeding.Cal. Code Regs. Tit. 20, § 1233.3
1. New section filed 12-21-2015; operative 1-1-2016 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 52).
2. Amendment of section heading, section and NOTE filed 12-5-2018; operative 1-1-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 49). Note: Authority cited: Sections 25213 and 25218(e), Public Resources Code. Reference: Section 11180, Government Code; and Sections 25210, 25321, 25534.1, 25362, 25900, 25967 and 25983, Public Resources Code.
1. New section filed 12-21-2015; operative 1/1/2016 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 52).
2. Amendment of section heading, section and Note filed 12-5-2018; operative 1/1/2019 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 49).