California Department of Resources Recycling and Recovery (CalRecycle) 

Hearing Panel/Hearing Officer

Frequently Asked Questions

Please contact Diana Cozadd to submit a question.

  1. What are the steps for converting from a hearing panel to a hearing officer?
  2. Are the hearing panel and/or hearing officer appointments required to be reviewed during the annual update of the Enforcement Program Plan (EPP)?
  3. Is it OK if an appointment for a hearing panel member or hearing officer expires?
  4. Is it OK to appoint an alternate hearing panel member or hearing officer?
  5. Does CalRecycle offer forms or samples for the hearing officer appointment?
  6. When is an independent hearing panel or hearing officer required?
  1. What are the steps for converting from a hearing panel to a hearing officer?
    Step 1: Discuss options for the selection of the hearing officer(s) (law firm, administrative law judge, or county/city position).
    Step 2: An LEA prepares a resolution to go before the board of supervisors (BOS) or city council (CC) documenting the following:
    • The repeal of the hearing panel.
    • Preparation and adoption of the procedures/qualifications for appointment of hearing officer(s) for hearings.
    • Appointment of the hearing officer(s).
    Step 3: Draft resolution to CalRecycle for review (optional but requested).
    Step 4: Resolution to be approved by the BOS or CC.
    Step 5: Provide copy of the finalized resolution appointing the hearing officer(s) to CalRecycle.
  2. Are the hearing panel and/or hearing officer appointments required to be reviewed during the annual update of the Enforcement Program Plan (EPP)?
    Yes, the hearing panel/hearing officer appointments must be reviewed during the annual update to the EPP or more often based on term limit/expiration/resignation. Pursuant to 14 CCR 18081(e)(4), “The components of the EPP shall be reviewed and amended by the LEA annually or more frequently as determined by CalRecycle to reflect any changes.”
    • If the appointment expiration date is near, allow plenty of time to recruit new hearing panel member(s) or hearing officer(s).
  3. Is it OK if an appointment for a hearing panel member or hearing officer expires?
    No. Pursuant to 14 CCR 18060 and 14 CCR 18081(e)(2) the LEA is required to establish and maintain hearing panel/hearing officer appointments, and the appointments must be current at all times for the purpose of an appeal of an alleged LEA action or inaction in accordance with the laws or regulations specified in Public Resources Code Section (PRC) 44307.
  4. Is it OK to appoint an alternate hearing panel member or hearing officer?
    Yes. The timelines, outlined in PRC 44310, are required to be met. Alternate HP members/hearing officers are not required; however, an LEA may feel it would benefit them to establish alternate members to ensure hearing timelines are met.
  5. Does CalRecycle offer forms or samples for the hearing officer appointment?
    Yes, you may find samples in the form of a resolution on the Samples Page. The sample resolution covers the following:
    • The repeal of the hearing panel
    • Preparation and adoption of the procedures/qualifications for appointment of hearing officer(s) for hearings on petitions related to local enforcement agency proceedings
    • Appointment of the hearing officer(s)

    You may also contact your LEA Evaluation Specialist for more details.

  6. When is an independent hearing panel or hearing officer required?
    If there is a publicly owned or operated solid waste facility or disposal site, the local governing body shall maintain an independent hearing panel or hearing officer for permit, enforcement or appeal purposes.

HP/HO Home

Last updated: October 16, 2015
LEA Evaluations, http://www.calrecycle.ca.gov/LEA/Evaluation/
Diana Cozadd: Diana.Cozadd@calrecycle.ca.gov (916) 341-6377