Title
Adopt a resolution designating the use of a Hearing Officer for the Local Enforcement Agency (LEA) through Amendment No. 2 to the agreement with the Mandel Gisnet Center for Conflict Management.
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors adopt a resolution:
Designating the use of a Hearing Officer for the Local Enforcement Agency (LEA) through Amendment No. 2 to the agreement with the Mandel Gisnet Center for Conflict Management.
SUMMARY/DISCUSSION:
The Monterey County Health Department's Environmental Health Bureau is designated by the State of California, Department of Resources Recycling and Recovery (CalRecycle), formerly known as California Integrated Waste Management Board (CIWMB), as the Local Enforcement Agency (LEA) for Monterey County and the twelve incorporated cities within the County.
Pursuant to Title 14 CCCR Section 18060, the LEA is required to provide a means to hear petitions or appeals and grievances submitted by owners, operators or other aggrieved parties. The LEA is responsible for the permitting, inspection and enforcement of statutes and regulations applicable to solid waste handling and disposal sites in the County and the twelve incorporated Cities within the County.
California Department of Resources Recycling and Recovery (CalRecycle) requires that a hearing body be appointed to determine the outcome of petitions or appeals, as set forth in California Public Resources Code (PRC) Sections 44307 et seq. This hearing body can either be a three-member hearing panel or it may consist of a Hearing Officer/Administrative Law Judge. A Hearing Officer/Administrative Law Judge provides a more readily available option to meet the appeal timeline requirements. In May, 2004, the Board of Supervisors adopted a resolution appointing a three-member hearing panel. On December 4, 2018, the Board of Supervisors adopted a resolution appointing a Hearing Officer/Administrative Law Judge and establishing Hea...
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