ITEM:

CONSENT CALENDAR

 

7.

CONSIDER ADOPTION OF RESOLUTION NO. 2008-13 ESTABLISHING ADMINISTRATIVE HEARING GUIDELINES OF THE MONTEREY PENINSULA WATER MANAGEMENT DISTRICT

 

Meeting Date:

July 21, 2008

Budgeted:

No

 

From:

David C. Laredo,

Program/

N/A

 

General Counsel

Line Item No.:

 

Prepared By:

 

David C. Laredo

Cost Estimate:

N/A

General Counsel Approval:

Yes

 

 

Committee Recommendation:

The Rules and Regulations Review Committee considered the draft Administrative Guidelines on July 1, 2008 and unanimously recommended approval.

CEQA Compliance:

N/A

 

SUMMARY:The Board of Directors is presented with Resolution 2008-13 to adopt Administrative Hearing Guidelines that will implement the administrative enforcement processes enacted by District Ordinance No. 133.The Rules and Regulations Review Committee considered the draft Administrative Guidelines on July 1, 2008, and unanimously recommended approval.

 

RECOMMENDATION:District General Counsel and the Rules and Regulations Review Committee recommend adoption of Resolution 2008-13 (Exhibit 7-A.) as presented.

 

BACKGROUND: The Monterey Peninsula Water Management District enacted a process, pursuant to Ordinance No. 133 by which the District can administratively enforce its Rules and Regulations.Ordinance No. 133 enables use of Administrative Citations, Administrative Compliance Orders, and other Orders to enforce District Rules and Regulations in accord with Government Code Section 53069.4.Administrative enforcement, as opposed to judicial enforcement, eases administration, allows more consistent compliance, and reduces obstacles or time delays that result from criminal or civil enforcement.As a consequence, more uniform application of the Water Management Districtís rules and procedures can be expected.

 

District Rules provide that the Hearing Guidelines are to be adopted or modified by Resolution of the Board.Proposed Resolution 2008-13 (Exhibit 7-A) would adopt Hearing Guidelines for use by staff, hearing officers and the public. The Guidelines (included as Attachment 1 to Exhibit 7-A) provide an overview, and differentiate between the Citation, Administrative Compliance Order, and other Order alternatives.The Guidelines provide a general overview as to each of the processes, and describes action the recipient may take to correct each alleged violation. It is recommended that the adopted Guidelines be placed on the District website.

Details are included in the Hearing Guidelines regarding the hearing requirements, how hearings may be cancelled or continued, how the Hearing Officers are to be selected, how the hearing is to be conducted, and the standard of proof that applies.At the hearing, the burden of proof to establish a violation of a District Rule is by a preponderance of evidence.

 

The role of District General Counsel is clarified.District General Counsel is to provide general advice and consultation to District staff, members of the public, the Hearing Officer and/or any ALJ, but is not to act as the District prosecutor or as defense counsel for any hearing.District General Counsel, or his deputy, is to represent the District in any court-proceeding to review the administrative hearing.

 

The Hearing Guidelines specify details relating the decision, findings and order after the hearing, clarifies that the decision of the Hearing Officer is final, and details post-hearing processes, including the deadline by which judicial review may be sought.A Party may obtain review of the Administrative Order or Abatement Order in the Superior Court by filing with the court a petition for writ of mandate within ninety (90) days in accord Rule 16 of the District Rules & Regulations, which incorporates by reference section 1094.6 of the California Code of Civil Procedure.

 

EXHIBIT

7-A †††† Resolution 2008-13, with Guidelines Appended

 

 

 

 

 

 

 

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