(a) If the board opts to rerefer a tentative order and tariff to the administrative law judge pursuant to Section 1278, the further review of the petition by the administrative law judge shall be conducted pursuant to this section.

(b) (1) Upon receipt of the board hearing materials from the executive director, the administrative law judge shall by order set a deadline for the parties to submit a proposed calendar for supplemental briefing.

Terms Used In California Harbors and Navigation Code 1279

  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

(2) The calendar shall be limited to briefing on the basis of the existing evidence in the record and no additional discovery or data requests shall be allowed by the parties.

(3) The substantive scope of the briefing shall be limited to issues raised by the party requesting a rereferral before the board and affirmed by the board in its adopted basis for rereferral.

(c) The calendar set by the administrative law judge shall be to support a determination upon the briefing alone and no additional public hearing shall be scheduled.

(d) The calendar for briefing and for the issuance of a reviewed tentative order and tariff is to be determined by the administrative law judge.

(e) The administrative law judge has the discretion to issue a reviewed tentative order and tariff to the board. The reviewed tentative order and tariff may be revised as requested by a party.

(f) A reviewed tentative order and tariff issued under this section shall be consistent with the requirements of Section 1275.

(g) Upon receipt of a reviewed tentative order and tariff, the board shall proceed in a manner consistent with Sections 1276, 1277, and 1278, with the exception that the board shall not take any action on a reviewed tentative order pursuant to paragraph (2) or (4) of subdivision (d) of Section 1278.

(Added by Stats. 2022, Ch. 769, Sec. 16. (AB 2056) Effective September 29, 2022.)

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