Enforcement Agency Action - Appeals - Public Resources - CA

Section § 45030

This law deals with the appeal process for parties involved in certain hearings under Chapter 4 of Part 4. If you're not satisfied with a decision, or if a decision wasn't made for your hearing, you can appeal to a board. You have 10 days after receiving a decision to start your appeal, or 45 days if no decision was given. To appeal, you need to submit a written request explaining your reasons. The board must then schedule a hearing within five days and hold the appeal hearing within 60 days. The hearing will follow specific procedures outlined in another section of government regulations.

(a) A party to a hearing held pursuant to Chapter 4 (commencing with Section 44300) of Part 4 may appeal to the board to review the written decision of the hearing panel or hearing officer or to review the petitioner’s request in the instance of a failure of a hearing panel or hearing officer to render a decision or consider the request for review, or a determination by the governing body not to direct the hearing panel or hearing officer to hold a public hearing, under the following circumstances:

(1) Within 10 days from the date of issuance of a written decision by a hearing panel or hearing officer.

(2) If no decision is issued, within 45 days from the date a request for a hearing was received by the enforcement agency for which there was a failure of a hearing panel or hearing officer to render a decision or consider a petitioner’s request pursuant to Section 44310.

(b) An appellant shall commence an appeal to the board by filing a written request for a hearing together with a brief summary statement of the legal and factual basis for the appeal.

(c) Within five days from the date the board receives the request for a hearing, the board shall schedule a hearing on the appeal and notify the appellant and all other parties to the underlying proceeding of the date of the board hearing.

(d) The board shall hear the appeal within 60 days from the date the board received the request for the appeal.

(e) The board shall conduct the hearing on the appeal in accordance with the procedures specified in Article 10 (commencing with Section 11445.10) of Chapter 4.5 of Part 1 of the Government Code.

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Section § 45031

This law outlines what the board can do within 30 days after an appeal is filed. They can choose not to hear the appeal if the appellant doesn't bring up important issues or if the appellant didn't participate in the earlier hearing, unless a valid reason is provided. Alternatively, the board can agree to address the appeal based on existing records, written arguments, or they can opt to hold a new hearing within 60 days, unless everyone involved agrees to delay it.

Within 30 days from the date that an appeal is filed with the board, the board may do any of the following:

(a) Determine not to hear the appeal if the appellant fails to raise substantial issues.

(b) Determine not to hear the appeal if the appellant failed to participate in the administrative hearing before the hearing panel, except that the board shall hear the appeal if the appellant shows good cause for the appellant’s failure to appear.

(c) Determine to accept the appeal and to decide the matter on the basis of the record before the hearing panel, or based on written arguments submitted by the parties, or both.

(d) Determine to accept the appeal and hold a hearing, within 60 days, unless all parties stipulate to extending the hearing date.

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Section § 45032

This section explains the process for how an appeal is handled by the board. During the appeal, the board will review the record from the previous hearing, including all evidence and arguments. The board can only overturn a decision made by a local enforcement agency if it finds strong evidence showing the decision was not consistent with the law. If they overturn it, the board can instruct the local agency on what to do next. If the local agency doesn't act by the specified time, the board can take action directly.

(a) In the board’s hearing on the appeal, the evidence before the board shall consist of the record before the hearing panel or hearing officer, relevant facts as to any actions or inactions not subject to review by a hearing panel or hearing officer, the record before the local enforcement agency, written and oral arguments submitted by the parties, and any other relevant evidence that, in the judgment of the board, should be considered to effectuate and implement the policies of this division.

(b) The board may only overturn an enforcement action, and any administrative civil penalty, by a local enforcement agency if it finds, based on substantial evidence, that the action was inconsistent with this division. If the board overturns the decision of the local enforcement agency, the hearing panel, or the hearing officer, or finds that the enforcement agency has failed to act as required, the board may do both of the following:

(1) Direct that the appropriate action be taken by the local enforcement agency.

(2) If the local enforcement agency fails to act by the date specified by the board, take the appropriate action itself.

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