SUBJECT: Consideration of Adoption of Minor Changes to the Board's Aadjudicative Proceedings Regulations to Address Comments Received From Office of Administrative Law.

DISCUSSION: On November 19, 1998, the Board adopted amendments to its adjudicative proceedings regulations to conform with requirements of the Administrative Procedure Act. The amendments were filed with the Office of Administrative Law, which rejected the filing as failing, in two minor respects, to meet the "clarity" standard. The current proposal makes minor changes in order to satisfy the "clarity" standard, and other minor cleanup changes.

POLICY ISSUE: Should the Board adopt the proposed minor changes in order to address OAL's concerns regarding the adjudicative proceedings regulations?

FISCAL IMPACT: There are no expected impacts from the use of the revised regulations.

RWQCB IMPACT: All Regional Water Boards would use the revised regulations.

STAFF RECOMMENDATION: Approve the proposed resolution to adopt the minor amendments.

1. The Board adopted amendments to its Adjudicative Proceedings regulations on November 19, 1998, pursuant to July 1, 1997 amendments to the Administrative Procedure Act;

2. The Rulemaking File was submitted to the Office of Administrative Law (OAL) on November 25, 1998;

3. On January 20, 1999, OAL issued a Notice of Disapproval of Amendments, citing specified provisions which failed to meet the "clarity" standard for approval of amendments;

4. On February 10, 1999, the Board staff issued a 15-day notice to the public of minor amendments intended to address OAL's concerns. In all other respects, the Adjudicative Proceedings regulations remain the same;

THEREFORE BE IT RESOLVED THAT:

The proposed minor changes to Title 23, California Code of Regulations sections 648.1, 648.3, 648.4, 648.5, 648.5.1., 648.6, 648.7, and 649.6 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 March 3, 1999.

Maureen Marché
Administrative Assistant to the Board