SUBJECT

CONSIDERATION OF PERMANENT ADOPTION OF INTERIM REGULATIONS NOW IN EFFECT, AMENDING PROVISIONS OF DIVISION 3, TITLE 23, CALIFORNIA CODE OF REGULATIONS, CHAPTERS 1 AND 1.5 TO CONFORM THE BOARD'S REGULATIONS CONCERNING ADJUDICATIVE PROCEEDINGS TO THE ADMINISTRATIVE PROCEDURE ACT AND ADOPTION OF NONSUBSTANTIVE CHANGES

DISCUSSION

Amendments to the Administrative Procedure Act (APA) became effective on July 1, 1997, affecting the conduct of adjudicative proceedings by administrative agencies. These amendments add a new chapter to the APA governing administrative adjudication by state agencies, including the State Water Resources Control Board and the Regional Boards. The new legislation requires that agencies modify their regulations relating to adjudicative proceedings as necessary to conform to the APA requirements.

On January 22, 1998, the Board adopted interim amendments pursuant to an expedited procedure provided in the new law. Those interim amendments have been in effect since March 26, 1998, but must be adopted on a permanent basis to remain in effect beyond December 31, 1998. This proposal would adopt the identical amendments permanently.

Additionally, minor nonsubstantive changes are proposed to the title of Division 3 and to eliminate duplicative regulations.

POLICY ISSUE

Should the Board adopt on a permanent basis the interim regulations currently in effect to govern adjudicative proceedings and the nonsubstantive changes?

FISCAL IMPACT

There will be no fiscal impact.

RWQCB IMPACT

Yes. All nine Regional Water Quality Control Boards.

STAFF RECOMMENDATION

Adopt the proposed resolution approving the amendments and authorizing the Executive Director to transmit them to the Office of Administrative Law.

WHEREAS:

1. The Administrative Procedure Act (APA), Chapter 4.5 was amended effective July 1, 1997. As amended, the APA contains specified provisions applicable to this Board. Government Code section 11400.20 authorizes agencies that conduct adjudicative proceedings to amend existing regulations to conform to the requirements of the APA;

2. Government Code section 11400.20 provides that such amendments may be adopted on an interim basis by means of an expedited procedure; however, those regulations expire on December 31, 1998, and must be adopted on a permanent basis to remain in force;

3. Pursuant to the expedited procedure, this Board adopted amendments to its adjudicative proceeding regulations on January 22, 1998, which became effective, and have been in effect, since March 26, 1998;

4. The proposed permanent amendments are identical to the amendments currently in effect on an interim basis;

5. The proposed amendments permanently modify regulations currently contained in Division 3, Title 23, California Code of Regulations, Chapters 1 and 1.5 and fulfill the requirements that this agency's adjudicative proceeding regulations conform to the requirements of the APA;

6. The proposed nonsubstantive changes are without regulatory effect within the meaning of Title 1, California Code of Regulations, Chapter 1, section 100(a)(1) and (4).

THEREFORE BE IT RESOLVED THAT:

The proposed amendments to Title 23, California Code of Regulations, sections 640, 648, 648.1, 648.2, 648.3, 648.4, 648.5, 648.6, 648.7, 648.8, 649.6, 760, 761, 762, 763, 764.12, and 764.13 are adopted, and the Executive Director is authorized to transmit the amendments to the Office of Administrative Law for filing with the Secretary of State.

The undersigned, Administrative Assistant to the Board, does hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the State Water Resources Control Board held on November 19, 1998.

Maureen Marché

Administrative Assistant to the Board