SECTIONS 45030-45032 - California Statutes

PUBLIC RESOURCES CODE

SECTION 45030-45032

45030. (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.

45031. 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.

45032. (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.