Hearing Office
The Hearing Office is a neutral part of CalRecycle that conducts informal administrative hearings under the California Administrative Procedure Act.
CalRecycle hearing officers are experienced attorneys who preside over hearings under a delegation of authority from CalRecycle’s director.
Hearing officers:
- Manage the hearing
- Evaluate the evidence and
- Assist with issuing a final written decision
Hearing officers operate independently from CalRecycle’s Legal Affairs Office. They do not participate in the investigation, prosecution, or advocacy of a case. To ensure fairness, they follow strict prohibitions on private (“ex parte”) communications.
Overview of the Hearing Process
A CalRecycle hearing is similar to a structured meeting. Most hearings are held by videoconference, which expands access to justice by eliminating travel expenses, reducing waiting times, and providing flexibility for parties and witnesses.
The hearing process generally includes:
- Before the hearing you will:
- Receive a Notice of Hearing
- Attend a prehearing conference, if scheduled
- Exchange exhibits and
- Identify witnesses to attend the hearing
- At the hearing, each side may:
- Make an opening statement
- Present evidence
- Question witnesses
- Explain their side and
- Offer a closing argument
- After the hearing:
- The record closes and
- The director or the director’s designee issues the final decision
When Informal Hearing Rules Apply
Administrative hearings held at CalRecycle follow the Informal Hearing Rules in Title 14, California Code of Regulations, sections 17063.1-17063.32. These rules describe filing requirements, deadlines, presentation of evidence, and the director’s issuance of final decisions. They offer an accessible procedure that is less formal than court but still safeguards your rights.
Some CalRecycle programs follow different hearing procedures, including hearings conducted by a Local Enforcement Agency or hearings required by law to be held at the Office of Administrative Hearings. CalRecycle will provide you with written notice regarding which procedures apply.
How to Request a Hearing
Generally, you must submit a Notice of Defense within 15 days after CalRecycle serves you with a Statement of Issues or Statement of Charges (Accusations, etc.).
If you do not return the Notice of Defense in time, you lose your right to ask for a hearing.
Before the Hearing
You have a right to representation at your own expense. You may hire an attorney, use a non-attorney representative, or represent yourself.
Notice of Hearing
You will receive a Notice of Hearing with the date, time, and instructions for the hearing. If a prehearing conference is scheduled, you must participate. You will also need to exchange exhibits and identify your witnesses in advance of the hearing.
Prehearing Conference
A prehearing conference helps plan the hearing. The hearing officer and the parties discuss:
- Hearing date
- Expected length
- Issues to be decided
- Exhibits
- Witnesses
- Motions
- Any need for interpreters or accommodations
Afterward, the hearing officer issues a written order that all must follow.
Preparing for the Hearing
- Review the Notice of Hearing and Prehearing Conference Order carefully.
- Contact witnesses, organize your exhibits, and exchange evidence with the other party by the deadline.
- Test your video and audio equipment before the hearing.
Filing a Motion
- A motion is a request for the hearing officer to take an action before or during the hearing.
- Motions must be in writing unless made at the prehearing conference or on the record at the hearing.
- Oppositions to motions must be filed within 10 days unless otherwise ordered.
- Documents filed with the Hearing Office must include a Proof of Service.
About the Hearing
The hearing is run by a neutral hearing officer. There is no jury. Witnesses testify under oath or affirmation, and each side may question them. The rules of evidence are more flexible than in court, but the hearing officer may exclude unreliable or irrelevant information.
Most CalRecycle hearings are held over videoconference using Microsoft Teams. Participants should ensure that they are in a private, quiet place with a steady internet connection.
Additional information is available on the Microsoft Teams webpage.
CalRecycle uses a digital evidence platform called Case Center to collect and organize exhibits for presentation at the hearing. Learn how to use it on the Case Center webpage. Parties who are having difficulties with Case Center can contact support at decsupport@thomsonreuters.com or (800) 290-9378.
Evidence
You may present documents, photos, videos, business records, or testimony from witnesses. Redact any personal identifying information from documents that is not necessary for your case. Live testimony is generally more effective than letters or statements from people who are not present at the hearing.
Documents Requests
The Informal Hearing Rules allow parties to request discovery (copies of exhibits, witness names, and summaries of expected testimony) at least 30 days before the hearing. The responding party must provide the requested information within 14 days. Parties must supplement discovery if they obtain new information they plan to use.
Your Prehearing Conference Order may include additional deadlines and instructions for submitting witness lists, exhibit lists, and exhibit copies. You must follow that order.
Disability Accommodations
Accommodation requests should be submitted as far in advance as possible and at least 14 days before the accommodation is needed. The Hearing Office will still consider late requests and make reasonable efforts to accommodate.
Requesting an Interpreter
Hearings are conducted in English. Interpreter requests should be submitted at least 14 days before the hearing so the Hearing Office can secure an appropriate interpreter. The department pays interpreter costs unless the Hearing Officer grants a motion that another party should pay.
Rescheduling, Withdrawing, and Failure to Appear
Rescheduling
If you cannot attend on the scheduled date, you must request a continuance. The request must be submitted at least 5 business days before the hearing, unless there are exceptional circumstances. You must state the reason and propose alternative dates acceptable to all parties.
Withdrawal
You may withdraw your case before the hearing by submitting a written request.
Failure to Appear
If you fail to appear without good cause, the hearing officer may issue a default:
- If you are applying for a certification or other new privilege, your case may be dismissed.
- If you are appealing an enforcement action, your case may be heard without you being present.
- If CalRecycle fails to appear, the underlying enforcement action may be dismissed.
Final Decision
You will receive a final written decision within 60 days after the record closes unless all parties agree to extend the time. The decision is served by mail or email. The decision becomes final 30 days after service, unless otherwise stated.
How to Observe a Hearing
To observe a CalRecycle informal hearing, an interested member of the public should email HearingOffice@calrecycle.ca.gov to get the hearing videoconference link or information about the hearing location.
Public observers must keep their microphones and cameras off during the hearing. If a person engages in any conduct that obstructs or interrupts the hearing, they will be removed and may be subject to sanctions.
Hearing Office Forms
These forms are available to help with your hearing.
- Continuance Request: Use this form to ask for a new hearing date if you cannot attend the scheduled date and have good cause.
- Disability Accommodation Request: Use this form if you need accommodations to participate in your hearing due to a disability.
- Interpreter Request: Use this form to request an interpreter if you or your witness does not speak English well or is Deaf or hard of hearing.
- Proof of Service Template: All filings must include a Proof of Service showing that you sent a copy to all parties involved in the case. This template helps you complete that requirement.
- Request for Protective Order: Use this form if you need to submit documents containing sensitive information and cannot redact the document.
- Update Contact Information Form: Use this form to inform the Hearing Office and all parties of any changes to your mailing address, email, or phone number during your case, or if you switch representatives.
- Withdrawal Form: Use this form if you decide you no longer wish to proceed with your hearing and want to withdraw your hearing request.
For more information, contact HearingOffice@calrecycle.ca.gov or call (916) 322-4023.