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Chapter 4. Hearings, Depositions And Notices of California Water Code >> Division 5. >> Part 4. >> Chapter 4.
Any hearing before the board may be conducted upon sworn
testimony of the applicants or witnesses except in the case of
reports or investigations made by the members, employees or special
advisers of the board.
The board shall acknowledge the receipt of all applications
in writing within 10 days of receipt. All applications shall be
acted upon within 90 days of receipt, except that applications
subject to the provisions of Division 13 (commencing with Section
21000) of the Public Resources Code shall be acted upon within 180
days of receipt. Applicants may waive the requirement that
applications be acted upon within such period.
This section shall not apply to emergency permits.
Applicants shall be informed of the staff recommendations
concerning the application at least seven days prior to being acted
upon.
This section shall not apply to emergency permits.
Applicants shall identify the names and addresses of
contiguous landowners. Contiguous landowners so identified shall be
informed of pending applications and their content and shall be
informed of the staff recommendations concerning the application.
This section shall not apply to emergency permits.
The board may meet at any place in the State for a hearing or
partial hearing of any application coming before it.
The board may hold a hearing or partial hearing before a
committee of one or more members of the board, before a qualified
neutral hearing officer designated by the board president, or before
the executive officer or chief engineer of the board, at any place
within the state.
All hearings or partial hearings shall be open and public.
The hearing officer shall take and report the evidence to the
board.
The board may require the applicant to pay all or part of the
expenses of any outside hearing, if held at the request of the
applicant.
The expenses shall include traveling expenses of the members,
officers or employees of the board, expenses of stenographic
reporting and transcribing evidence taken at the hearing, and a
proportionate allowance, according to their usual rate of
compensation, for the time of the members, officers and employees of
the board required for the hearing.
All money collected as compensation for the time of the
members, officers or employees of the board shall be paid by the
board into the State Treasury and credited to the balance remaining
unexpended of any appropriation or assessment available for the
general administrative expenses of the board.
The board may provide for the taking at any place of the
deposition under oath of any witness for or against any application
pending before the board.
The deposition shall be taken before a notary public or other
officer or person authorized by law or by this part to administer
oaths.
The deposition shall be certified and returned to the office
of the board in the manner provided by law for certifying and
returning depositions in civil actions.
When taken and certified pursuant to this article the
deposition may be read in evidence before the board at the hearing of
the application.
An affidavit may be used to prove the service or publication
of any notice required or provided for by any of the provisions of
this part in the same manner and to the same extent as provided for
in Sections 2009 to 2015, inclusive, of the Code of Civil Procedure,
and the affidavit shall be received as prima facie evidence of the
service or publication in any court or elsewhere.
In addition to the notices required by this part, the board
may in its discretion give such notice as it may deem proper, by
publication, mailing or otherwise, of any of its assessments, orders,
proceedings, hearings or other acts done or contemplated.
