Excerpts from Title 23, California Code of Regulations

Article 12. Reconsideration and Amendment of Board Water Right Decisions and Orders

Section 768. Reconsideration of Board Decisions and Orders.

No later than thirty (30) days after adoption by the board of a decision or order, any person interested in any application, permit or license affected by the decision or order may petition the board for reconsideration of the matter upon any of the following causes:

(a)  Irregularity in the proceedings, or any ruling, or abuse of discretion, by which the person was prevented from having a fair hearing;

(b)  The decision or order is not supported by substantial evidence;

(c)  There is relevant evidence which, in the exercise of reasonable diligence, could not have been produced;

(d)  Error in law.

Section 769. Petition for Reconsideration.

(a)  Any petition for reconsideration of a decision or order shall be submitted in writing and shall contain the following:

(1)  Name and address of the petitioner.

(2)  The specific board action of which petitioner requests reconsideration.

(3)  The date on which the order or decision was made by the board.

(4)  The reason the action was inappropriate or improper.

(5)  The specific action which petitioner requests.

(6)  A statement that copies of the petition and any accompanying materials have been sent to all interested parties.

(b)  If reconsideration is requested based in whole or in part on Section 768(c), the petition shall include an affidavit or declaration under penalty of perjury stating that additional evidence is available that was not presented to the board and the reason it was not presented. A general statement of the nature of the evidence and of the facts to be proved shall also be included.

(c)  The petition shall be accompanied by a statement of points and authorities in support of legal issues raised in the petition.

Section 770. Board Action.

(a)  The board may:

(1)  Refuse to reconsider the decision or order if the petition fails to raise substantial issues related to the causes for reconsideration set out in Section 768; or

(2)  After review of the records, including any hearing transcript and any material submitted in support of the petition:

(A)  Deny the petition upon a finding that the decision or order was appropriate and proper; or

(B)  Set aside or modify the decision or order; or

(C)  Take other appropriate action.

Before taking final action, the board may, in its discretion, hold a hearing for the purpose of oral argument or receipt of additional evidence or both.

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