Local Enforcement Agency Correspondence

Hearing Panel Decisions

Date: July 21, 1998

To: All Local Enforcement Agencies

During recent meetings, several Local Enforcement Agencies (LEAs) have questioned whether or not the decision of a local hearing panel is binding. As discussed below, the hearing panel is authorized to issue a decision that is binding upon a LEA and any parties to the decision, unless it is appealed within the specified time period.

Public Resources Code (PRC) sections 44300, 44305, and 44307 specify certain circumstances in which a matter must go before the hearing panel for a decision. These include a LEA's denial, suspension or revocation of a permit, and an appeal of a LEA's permit conditions, enforcement actions, or failure to act as required by law or regulation. PRC section 44308 provides that "All hearings conducted pursuant to [these sections] … shall be conducted by a hearing panel." Within 30 days from the date of a hearing, the hearing panel is required to issue a decision (PRC section 44310[c]). That decision/determination "shall take effect immediately after any time period provided for appeal has expired…" (PRC section 45017[a][1]). The time period for appeal to the CIWMB or to the Superior Court is 30 days (PRC sections 45031 & 45040). Thus, if the hearing panel decision is not appealed within 30 days, the parties have waived their right to challenge that decision and it is binding.

A requirement for the use of a hearing panel has existed since 1976 (former Government Code section 66796.58) and it was slightly revised (for example, the hearing panel was reduced from 5 to 3 persons) and moved to the Public Resources Code with the enactment of AB 939. AB 59 made additional changes to this requirement, most notably, the addition of an automatic stay provision in PRC section 45017 for violations that do not pose an imminent or substantial threat. As you know, following the AB 59 workshop held June 16, 1998, the CIWMB is in the process of working to provide additional clarity about this requirement, and your agency will be notified of any future activities.

As a reminder, LEAs are required to maintain current information about their hearing panels in the Enforcement Program Plan (EPP) (See 14 CCR 18077[a][12]). Please send any necessary EPP updates concerning your hearing panel to your Certification contact (see list attached) at the CIWMB.

Sincerely,

Original signed by:

Dorothy Rice, Deputy Director
Permitting and Enforcement Division

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